[F1 PART 57 E+W[F2 PROBATE, INHERITANCE AND PRESUMPTION OF DEATH]

Textual Amendments

F1 Pt. 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)

F2 Pt. 57 heading substituted (1.10.2014) by The Civil Procedure (Amendment No. 6) Rules 2014 (S.I. 2014/2044), rules 2, 10(a)

Scope of this Part and definitions E+W

57.1— (1) This Part contains rules about—

(a) probate claims;

(b) claims for the rectification of wills; F3 ...

(c) claims and applications to—

(i) substitute another person for a personal representative; or

(ii) remove a personal representative [F4 ; F5 ...

(d) claims under the Inheritance (Provision for Family and Dependants) Act 1975][F6 ; 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

[F7 (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

F3 Word 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)

F4 Rule 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)

F5 Word in rule 57.1(1)(c) repealed (1.10.2014) by The Civil Procedure (Amendment No. 6) Rules 2014 (S.I. 2014/2044), rules 2, 10(c)(i)

F6 Rule 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)

F7 Rule 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)

(1)

1983 c. 20.