54.—(1) Subject to paragraph (2) below, an application for an order admitting to proof a nuncupative will, or a will contained in a copy or reconstruction thereof where the original is not available, shall be made to a [F1district judge or] registrar.
(2) In any case where a will is not available owing to its being retained in the custody of a foreign court or official, a duly authenticated copy of the will may be admitted to proof without the order referred to in paragraph (1) above.
(3) An application under paragraph (1) above shall be supported by an affidavit [F2or a witness statement] setting out the grounds of the application, and by such evidence on affidavit [F3or by a witness statement] as the applicant can adduce as to—
(a)the will’s existence after the death of the testator or, where there is no such evidence, the facts on which the applicant relies to rebut the presumption that the will has been revoked by destruction;
(b)in respect of a nuncupative will, the contents of that will; and
(c)in respect of a reconstruction of a will, the accuracy of that reconstruction.
(4) The [F1district judge or] registrar may require additional evidence in the circumstances of a particular case as to due execution of the will or as to the accuracy of the copy will, and may direct that notice be given to persons who would be prejudiced by the application.
Textual Amendments
F1Words in rule 54 inserted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 7(1)
F2Words in rule 54(3) inserted (2.11.2020) by The Non-Contentious Probate (Amendment) Rules 2020 (S.I. 2020/1059), rules 1(1), 4(11)(a)
F3Words in rule 54(3) inserted (2.11.2020) by The Non-Contentious Probate (Amendment) Rules 2020 (S.I. 2020/1059), rules 1(1), 4(11)(b)
Commencement Information