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
F1Words in rule 40 inserted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 7(1)
Commencement Information
(1)