Application for order to attend for examination or for subpoena to bring in a willE+W
50.—(1) An application under section 122 of the Act for an order requiring a person to attend for examination may, unless a probate action has been commenced, be made to a [F1district judge or] registrar by summons which shall be served on every such person as aforesaid.
(2) An application under section 123 of the Act for the issue by a [F2district judge or] registrar of a subpoena to bring in a will shall be supported by an affidavit [F3or a witness statement] setting out the grounds of the application, and if any person served with the subpoena denies that the will is in his possession or control he may file an affidavit to that effect in the registry from which the subpoena issued.
Textual Amendments
F1Words in rule 50(1) inserted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 7(1)
F2Words in rule 50(2) inserted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 7(1)
F3Words in rule 50(2) inserted (2.11.2020) by The Non-Contentious Probate (Amendment) Rules 2020 (S.I. 2020/1059), rules 1(1), 4(3)(h)
Commencement Information