- Latest available (Revised)
- Point in Time (30/04/2024)
- Original (As made)
Point in time view as at 30/04/2024.
There are currently no known outstanding effects for the The Civil Procedure Rules 1998, Section 57.1.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
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; F6...
(e)proceedings under the Presumption of Death Act 2013] [F7; and]
[F8(f)proceedings under the Guardianship (Missing Persons) Act 2017.]
(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
[F9(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) omitted (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)
F6Word in rule 57.1(1)(d) omitted (31.7.2019) by virtue of The Civil Procedure (Amendment No. 2) Rules 2019 (S.I. 2019/1034), rules 1(1), 5(a)
F7Word in rule 57.1(1)(e) substituted (31.7.2019) by The Civil Procedure (Amendment No. 2) Rules 2019 (S.I. 2019/1034), rules 1(1), 5(b)
F8Rule 57.1(1)(f) inserted (31.7.2019) by The Civil Procedure (Amendment No. 2) Rules 2019 (S.I. 2019/1034), rules 1(1), 5(c)
F9Rule 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)
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.