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The Non-Contentious Probate Rules 1987
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Power to require applications to be made by summonsE+W
61.—(1) [F1Subject to rule 7(2),] a [F2district judge or] registrar may require any application to be made by summons to a registrar in chambers or a judge in chambers or open court.
(2) An application for an inventory and account shall be made by summons to a [F2district judge or] registrar.
(3) A summons for hearing by a [F2district judge or] registrar shall be issued out of the registry in which it is to be heard.
(4) A summons to be heard by a judge shall be issued out of the Principal Registry.
[F3(5) Where an application is required under this rule to be made by summons, a district judge or registrar may—
(a)give directions (which may be given before listing the application);
(b)hold a hearing of the application, and receive evidence, by telephone or by using any other method of direct oral communication.
(6) A direction under paragraph (5) may be made subject to conditions, and may specify the consequences of failure to comply with the direction or a condition.]
Textual Amendments
F1Words in rule 61(1) inserted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 14
F2Words in rule 61 inserted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 7(1)
F3Rule 61(5)(6) inserted (27.11.2018) by The Non-Contentious Probate (Amendment) Rules 2018 (S.I. 2018/1137), rules 1(1), 17
Commencement Information
I1Rule 61 in force at 1.1.1988, see rule 1
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