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57.1—(1) This Part contains rules about—
(a)probate claims;
(b)claims for the rectification of wills; F2...
(c)claims and applications to—
(i)substitute another person for a personal representative; or
(ii)remove a personal representative [F3; F4...
(d)claims under the Inheritance (Provision for Family and Dependants) Act 1975][F5; and
(e)proceedings under the Presumption of Death Act 2013].
(2) In this Part:
(a)“probate claim” means a claim for—
(i)the grant of probate of the will, or letters of administration of the estate, of a deceased person;
(ii)the revocation of such a grant; or
(iii)a decree pronouncing for or against the validity of an alleged will;
not being a claim which is non-contentious (or common form) probate business;
(Section 128 of the Supreme Court Act 1981(1) defines non-contentious (or common form) probate business.)
(b)“relevant office” means—
(i)in the case of High Court proceedings in a Chancery district registry, that registry;
(ii)in the case of any other High Court proceedings, Chancery Chambers at the Royal Courts of Justice, Strand, London, WC2A 2LL; and
[F6(iii)in the case of County Court proceedings, the office of the County Court hearing centre in question;]
(c)“testamentary document” means a will, a draft of a will, written instructions for a will made by or at the request of, or under the instructions of, the testator, and any document purporting to be evidence of the contents, or to be a copy, of a will which is alleged to have been lost or destroyed;
(d)“will” includes a codicil.]
Textual Amendments
F1Pt. 57 inserted (15.10.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rule 1(b), Sch. (with rule 19)
F2Word in rule 57.1(1)(b) omitted (2.12.2002) by virtue of The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rules 1(b), 23(c)(i)
F3Rule 57.1(1)(d) and word inserted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rules 1(b), 23(c)(ii)
F4Word in rule 57.1(1)(c) repealed (1.10.2014) by The Civil Procedure (Amendment No. 6) Rules 2014 (S.I. 2014/2044), rules 2, 10(c)(i)
F5Rule 57.1(1)(e) and word substituted for full stop(1.10.2014) by The Civil Procedure (Amendment No. 6) Rules 2014 (S.I. 2014/2044), rules 2, 10(c)(ii)
F6Rule 57.1(2)(b)(iii) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 24(a); S.I. 2014/954, art. 2(a)
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