The Probate and Administration RulesRule 48 of The Probate and Administration Rules: 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 will with one or more codicils) together with a codicil discovered subsequently to the grant (in this rule referred to as the new codicil) shall be by petition in Form 97 in the cause in which probate has been granted, which petition shall be filed in the registry through which the grant of probate was issued.
(2) The new codicil shall be lodged with the petition.
(3) The petition shall be supported by an affidavit of the applicant in Form 14A identifying the new codicil and stating the reasons so far as they may be known to him why such codicil was not submitted for proof together with the will and such further facts as may be necessary for consideration by the court.
(4) Every executor to whom probate of the will (or of the will with one or more codicils) has been granted shall be named as a respondent to the application and be served with copy of the petition and of the new codicil and of every supporting affidavit not less than 21 days prior to the hearing of the application.
(5) Where there is no executor of the will or none can be found for the purpose of being served under subrule (4), the applicant shall apply to the court in Form 70A for directions as to service of the petition and supporting affidavit.
(6) The court may require the applicant and every respondent to file such further affidavits as are necessary.
Check the current authoritative text and amendment history before relying on this provision.
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