The Probate and Administration RulesRule 38 of The Probate and Administration Rules: Grant under rule 36 or 37 not to prejudice making of full grant
(1) The making of a grant of representation under rule 36 or 37 shall be without prejudice to the right of the representative so appointed or of any other person to apply under any other provision of these Rules for a grant of representation to the deceased.
(2) Upon the making of a grant under any provision of these Rules other than rules 36 and 37, any earlier grant made under either of those rules (in this subrule called the temporary grant) shall cease to have effect, but without prejudice to any act or other thing lawfully done thereunder, and the holder of the temporary grant shall forthwith surrender that temporary grant and account to the court for all the assets collected and shall be given credit for any payments properly made and expenses properly incurred by him as such holder.
Check the current authoritative text and amendment history before relying on this provision.
(1) Where all the persons entitled to the estate of the deceased (whether under a will or on intestacy) have assigned their whole interest in the estate to one or more persons, the assignee or assigne…
(1) Where the holder of a grant which has not been confirmed seeks confirmation of the grant he shall apply for such confirmation by summons in Form 108 in the cause in which the grant was issued, sup…
(1) At the hearing of the application for confirmation the court shall first read out in the language or respective languages in which they appear the application, the grant, the affidavits and any wr…
(1) An application under section 77 of the Act for the sealing of a grant issued by a court or other authority of a Commonwealth country or other country to which that section applies shall be made to…
(1) Where the holder of a grant seeks pursuant to the provisions of section 74 of the Act rectification of an error in the grant as to the names or descriptions of any person or thing or as to the tim…
(1) Where any person interested in the estate of the deceased seeks pursuant to the provisions of section 76 of the Act to have a grant revoked or annulled he shall, save where the court otherwise dir…
(1) Every application to the court under section 26) of the Act shall, where a grant has been applied for or made but not confirmed, be brought by summons in Form 106 in that cause, or, where no grant…
(1) Every application to the court under section 35(3) of the Act shall be brought by summons in Form 105 in the cause in which the grant was confirmed and shall pray for the appointment to the applic…
(1) Every application under section 61(1) of the Act for a grant of probate of a codicil discovered after the will was proved shall be by summons in the cause in which the will was proved which shall…
(1) Every application under section 61(2) of the Act for the revocation of a grant of probate of a will (or of a will and one or more codicils) and the grant of a new probate of the will (or of the wi…
A person desiring to make an application to the court relating to the estate of a deceased person for which no provision is made elsewhere in these Rules shall file a summons supported if necessary by…
At every registry there shall be maintained a register called the wills register for that registry in which the following information shall be recorded relating to every will of a deceased person in r…
All original wills, or court authenticated copies thereof, of which probate or letters of administration with the will annexed have been granted by or applied for in any registry, shall be retained by…
(1) A photocopy of every will in respect of which an application for a grant is made shall be marked by the signature of the applicant and shall also be exhibited in any affidavit or declaration which…
(1) Where the registrar considers that in any particular case a photographic copy of the original written will would not be satisfactory for purposes of record, he may require an engrossment suitable…
(1) Where a written will contains no attestation clause or the attestation clause is insufficient or where it appears to the court that there is some doubt about the due execution of the will, the cou…
(1) Where there appears in a written will any obliteration, interlineation or other alteration which is not authenticated in the manner prescribed by section 20 of the Act or by the re- execution of t…
Any appearance of attempted revocation of a written will by burning, tearing or otherwise, and every other circumstance leading to a presumption of revocation of a written will by the testator, and ev…
(1) The court may require an affidavit from any person it thinks fit for the purpose of satisfying itself as to any of the matters referred to in rules 54, 55 and 56, and in any such affidavit sworn b…
(1) Every application under these Rules which relates to the will, or to the devolution of property on the intestacy, of a deceased person in regard to whom or whose property there are no proceedings…
(1) Save where otherwise provided in these Rules every application to the court or to a registry shall be brought in the form of a petition, caveat or summons as may be appropriate. (2) In the case of…
Every interested person (whether or not he has been served with notice thereof) who wishes to be heard upon or to oppose any application, and has not already appeared in the proceedings, shall enter a…
(1) Every application shall without delay be considered by the registrar who shall give all necessary directions as to the time and place of the hearing and as to the giving of notice of the proceedin…
(1) The registrar may hear and determine any matter brought before him or may at the request of any party thereto or of his own motion transfer it or any other matter or question before him to the cou…
