SCHEDULES

SCHEDULE 9Probate

Refusal to approve

5

1

If the Lord Chancellor proposes to refuse the application he shall give the applicant written notice of his proposal.

2

The notice shall—

a

give the Lord Chancellor’s reasons for proposing to refuse the application; and

b

inform the applicant of the effect of sub-paragraph (3).

3

Where such a notice is served, it shall be the duty of the Lord Chancellor, before determining whether to grant or refuse the application, to consider any representations duly made by the applicant.

4

For the purposes of sub-paragraph (3), representations are duly made if—

a

they are made to the Lord Chancellor before the end of the period of 28 days beginning with the day on which the notice is served; and

b

unless the Lord Chancellor directs in a particular case, they are in writing.

5

If the Lord Chancellor refuses the application he shall give notice to the applicant in writing.

6

Any notice given under sub-paragraph (5) must give the Lord Chancellor’s reasons for refusing the application.