The Probate and Administration RulesRule 47 of The Probate and Administration Rules: Applications under s. 61(1) or 75 of the Act
(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 be filed in the registry through which the original grant was made to the applicant.
(2) The codicil shall be lodged in the appropriate registry with or prior to the filing of the summons.
(3) The summons shall be supported by an affidavit of the applicant identifying the codicil and stating the reasons so far as they may be known to him why the codicil was not submitted for proof together with the will and such further facts as may be necessary for consideration by the court.
(4) The provisions of this rule shall apply mutatis mutandis to every application under section 75 Act for the addition of a codicil to a grant of letters of administration with the will annexed: of the Provided that where the applicant is not one of the persons to whom the grant was made a copy of the summons and of the codicil and of every supporting affidavit shall be served upon every such person, if living, not less than twenty-one days before the hearing of the application and every such person shall be named as a respondent to the application.
(5) The court may require the applicant and every respondent to file such further affidavits as may be necessary.
Check the current authoritative text and amendment history before relying on this provision.
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