The Probate and Administration Rules

Rule 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.

View all provisions of The Probate and Administration Rules →

More provisions

View all →

Rule 48 — Application under s. 61(2) of the Act

(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…

Rule 50 — Wills registers

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…

Rule 58 — Title and cause number of proceedings

(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…

Rule 59 — Form of 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…

Rule 60 — Entry of appearance

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…