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The Civil Procedure Rules 1998, Section 57.1 is up to date with all changes known to be in force on or before 16 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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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; 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)
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