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The County Court Rules 1981
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ORDER 41PROBATE ACTIONS
Interpretation
1. In this Order “probate action” means
Commencement of probate action
2.—(1) A plaintiff bringing a probate action in a county court shall file with his request for the issue of a summons the minute of a registrar of the principal registry enabling the action to be brought in the county court under section 62 of the Act.
(2) The proper officer of the county court shall, on issuing the summons, send to the principal registry a notice requesting all documents in the principal registry or any district probate registry relating to the matter to be sent to him.
Judgment to be sent to every party
3. A copy of any judgment given in a probate action brought in or transferred to a county court under section 62 or 63 of the Act shall be sent by the proper officer to every party to the proceedings.
Application of R.S.C
4. Except as otherwise provided by these rules, the provisions of the R.S.C. relating to contentious probate proceedings shall, so far as appropriate, apply to probate actions in the county court as they apply to probate actions in the High Court.
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