(Cup. & kub, Isa.)
Citations.
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served and that he has not received a summons for directions under the last foregoing paragraph, and thereupon the caveat shall cause to have effect.
(11A) Upon the commencement of a probate action the Registrar sball, in respect of each caveat then in force (other than a caveat entered by the plaintiff), give to the caveator notics of the commencement of the action and, upon the subsequent entry of a caveat at any time when the action is pending, shall likewise notify the caveator of the existence of the action.
(12) Unless the Registrar otherwise directs-
(a) any caveat in fores at the commencement of proceedings by way of citation or motion shall, unless withdrawn pursuant to paragraph (8) of this rule remain in force until an application for a grant is made by the person shown to be entitled thereto by the decision of the court in such proceedings, and upon such application any caveat entered by a party who had notice of the pro- ceedings shall cease to have effect:
(b) any caveat in respect of which an appearance to a warning has been entered shall remain in force until the commencement of a probate action;
(c) the commencement of a probate action shall, whether or not any caveat has been entered, operate to prevent the sealing of a grant (other than a grant under section 40 of the Ordinance) until application for a grant is made by the person shown to be entitled thereto by the decision of the court in such action, and upon such application any caveat entered by a party who had notice of the action, or by a caveator who was given notice under paragraph (11A) of this rule, shall cease 10 have effect.
(13) Except with the leave of the Registrar, no further caveat may be entered by or on behalf of any caveator whose caveat bas ceased to have effect under paragraph (11) or (12) of this rule.
(14) In this rule, "grant" includes a grant made by any court outside Hong Kong which is produced for resealing by the court.
(19) In this rule "probate action" shall bear the meaning ascribed to it in Order 76 of the Rules of the Supreme Court.
45. (1) Every citation shall be settled by the Registrar before being issued.
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(2) Every averment in a citation, and such other information as the Registrar may require, shall be verified by an affidavit sworn by the person issuing the citation (in these rules called "the citor") or, if there are two or more citors, by one of them:
Provided that the Registrar may in special circumstances accept an affidavit sworn by the citor's solicitor,
(3) The citor shall enter a caveat before issuing a citation.
(4) Every cilation shall be served personally on the perso0 cited unless the Registrar, on cause shown by the affidavit, directs some other mode of service, which may include notice by adver- tisement.
(5) Every will referred to in a citation shall be lodged in the Registry before the citation is issued, except where the will is not in the citor's possession and the Registrar is satisfied that it is impracticable to require it to be lodged.
(5) A person who has been cited to appear muy, within eight days of service of the citation upon him inclusive of the day of such service, or at any time thereafter if no application has been made by the citor under rule 46(5) or rule 47(2), enter an appear- ance in the Registry by filing Form 19 and making an entry in the appropriate book, and shall forthwith thereafter serve on the citor a copy of Form 19 sealed with the scal of the court.
46. (1) A citation to accept or refuse a grant may be issued at the instance of any person who would himself be entitled to a grant in the event of the person cited renouncing his right thereto.
(2) Where power to make a grant to an executor has been reserved, a citation calling on him to accept or refuse a grant may be issued at the instance of the executors who have proved the will or of the executors of the last survivor of deceased executors who have proved.
(3) A citation calling on an executor who has intermeddled in the estate of the deceased to show cause why he should not be ordered to take a grant may be issued at the instance of any person interested in the estate at any time after the expiration of six months from the death of the deceased;
Provided that no citation to take a grant shall issue while proceedings as to the validity of the will are pending.
(4) A person cited who is willing to accept or take a grant may apply ex parte to the Registrar for an order for a grant on filing an affidavit showing that he has entered an appearance and
Form 19.
Citation to accept or refuse or to take a grao