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(3) A writ beginning an action for the revocation of the grant of probate of the will, or letters of administration of the estate, of a deceased person shall not be issued until a citation under rule 7 has been issued or the probate or letters of administration, as the case may be, has or have been lodged in the Registry.
Service of writ out of jurisdiction,
3. (1) Subject to paragraph (2), service out of the jurisdiction of a writ, or notice of a writ, by which a probate action is begun is permissible with the leave of the Court,
(2) Order 11, rule 3 and rule 4(1), (2) and (4) shall apply in relation to an application for the grant of leave under this rule as they apply in relation to an application for the grant of leave under rule 1 or 2 of that Order.
Intervener in probate action.
4.
(1) A person not a party to a probate action may apply to the Court for leave to intervene in a probate action.
(2) An application under this rule must be made by summons supported by an affidavit showing the interest of the applicant in the estate of the deceased person.
(3) An applicant who obtains leave to intervene in a probate action shall not be entitled to be beard in the action unless he enters an appearance therein.
(4) When the Court grants leave under this rule, it may give such directions as to service of pleadings, the filing of an affidavit of lestamentary scripts or other matters as it thinks necessary.
Citation to see proceedings.
5. (1) On the application of the plaintiff, or of any other party who has pleaded in a probate action, a citatioin may be issued against any person not a party to the action who has an adverse interest to the applicant notifying him that if he does not enter an appearance in the action judgment may be given therein without further notice to him.
(2) Where a person on whom a citation under this rule is served fails to enter an appearance in the action, the party on whose application the citation was issued shall not be entitled to be beard at the trial of the action without the leave of the Court unless he bas filed an affidavit proving due service of the citation on that person.
Entry of appearance.
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6, Order 12, rules 1, 3 and 4 shall apply to the entry of appearance by a person authorized to intervenc in a probate action, and by a person cited under rule 5, as if-
(a) that person were a defendant; and
(b) the parties to the action (in the case of an intervener) or the party at whose instance the citation was issued (in the case of a person cited) were the plaintiff.
Citation to bring in grant.
7. In an action for the revocation of the grant of probate of the will, or letters of administration of the estate, of a deceased person, a citation against the person to whom the probate or letters of administration, as the case may be, was or were granted requiring him to bring into and leave at the Registry the probate or letters of administration, as the case may be, may be issued on the application of the plaintiff.
Citations.
8. (1) A citation under rule 5 or 7 must be settled by the Court before it is issued.
(2) Before such a citation is issued an affidavit verifying the statements of fact to be made in the citation must be sworn by the person applying for it to be issued:
Provided that the Court may in special circumstances allow the affidavit to be sworn by that person's solicitor.
(3) Issue of a citation takes place upon its being sealed with the seal of the Court.
(4) Without prejudice to Order 65. rule 4. a citation under rule 5 or 7 must be served personally on the person cited.
(5) Service out of the jurisdiction of a citation under rule 5 or 7 is permissible but, in the case of a citation under rule 7, only with the leave of the Court.
(6) Order 11, rule 4(1) and (2) shall apply in relation to an application for a grant of leave under paragraph (5) as they apply in relation to an application for the grant of leave under rule I or 2 of that Order.
(7) An order granting leave to serve a citation under rule 7 out of the jurisdiction most limit a time within which the person to be served with the citation must comply with it.