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56.—(1) Where a surviving spouse [F2or civil partner] who is the sole or sole surviving personal representative of the deceased is entitled to a life interest in part of the residuary estate and elects under section 47A of the Administration of Estates Act 1925(1) to have the life interest redeemed, he may give written notice of the election to the [F3senior district judge] in pursuance of subsection (7) of that section by filing a notice in Form 6 in the Principal Registry or in the district probate registry from which the grant issued.
(2) Where the grant issued from a district probate registry, the notice shall be filed in duplicate.
(3) A notice filed under this rule shall be noted on the grant and the record and shall be open to inspection.
Textual Amendments
F1Words in rule 56 heading inserted (5.12.2005) by The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 (S.I. 2005/2114), arts. 1, 2(6), Sch. 6 para. 2(4)
F2Words in rule 56(1) inserted (5.12.2005) by The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 (S.I. 2005/2114), arts. 1, 2(6), Sch. 6 para. 2(4)
F3Words in rule 56(1) substituted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 7(4)
Commencement Information