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The Non-Contentious Probate Rules 1987

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This is the original version (as it was originally made).

Citation to propound a will

48.—(1) A citation to propound a will shall be directed to the executors named in the will and to all persons interested thereunder, and may be issued at the instance of any citor having an interest contrary to that of the executors or such other persons.

(2) If the time limited for appearance has expired, the citor may—

(a)in the case where no person has entered an appearance, apply to a registrar for an order for a grant as if the will were invalid and such application shall be supported by an affidavit showing that the citation was duly served; or

(b)in the case where no person who has entered an appearance proceeds with reasonable diligence to propound the will, apply to a registrar by summons, which shall be served on every person cited who has entered an appearance, for such an order as is mentioned in paragraph (a) above.

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