The Non-Contentious Probate Rules 1987

Application for leave to sue on guaranteeE+W

40.  An application for leave under section 120(3) of the Act or under section 11(5) of the Administration of Estates Act 1971(1) to sue a surety on a guarantee given for the purposes of either of those sections shall, unless the [F1district judge or] registrar otherwise directs under rule 61, be made by summons to a [F1district judge or] registrar and notice of the application shall be served on the administrator, the surety and any co-surety.

Textual Amendments

Commencement Information

I1Rule 40 in force at 1.1.1988, see rule 1