1971-HKRS30-16-30_Part06 — Page 2

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Contents of pleadings.

13. (1) Where the plaintiff in a probate action disputes the interest of a defendant he must allege in his statement of claim that he denies the interest of that defendant.

(2) In a probate action in which the interest by virtue of which a party claims to be entitled to a grant of letters of administration is disputed, the party disputing that interest must show in his pleading that if the allegations made therein are proved he would be entitled to an interest in the estate.

(3) Without prejudice to Order 18, rule 7, any party who pleads that at the time when a will, the subject of the action. was alleged to have been executed the testator did not know and approve of its contents must specify the nature of the case on which he intends to rely, and no allegation in support of that plea which would be relevant in support of any of the following other pleas, that is to say-

(a) that the will was not duly executed;

(b) that at the time of the execution of the will the testator was not of sound mind, memory and under- standing; and

(c) that the execution of the will was obtained by undue

influence or fraud,

shall be made by that party unless that other plea is also pleaded.

Default of pleadings.

14. (1) Order 19 shall not apply in relation to a probate action.

(2) Where any pany to a probate action fails to serve on any other party a pleading which he is required by these rules to serve on that other party, then, unless the Court orders the action to be discontinued, that other party may. after the expiration of the period fixed by or under these rules for service of the pleading in question, apply to the Court for leave to set down the action for trial.

Discontinuance.

15. (1) Order 21 shall not apply in relation to a probate action.

(2) At any stage of the proceedings in a probate action the Court may, on the application of the plainuff or of any party to the action who has entered an appearance therein. order the action to be discontinued on such terms as to costs

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or otherwise as it thinks just, and may further order that a grant of probate of the will, or letters of administration of the estate, of the deceased person, as the case may be, which is the subject matter of the action be made to the person entitled thereto.

(3) An application for an order under this rule may be made by summons or by notice under Order 25, rule 7.

Compromise of action: trial as short causes,

16. Where whether before or after service of the defence in a probate action the parties to the action agree to a compromise, the action may, with the leave of the Court, be set down for trial.

Application for order to bring in wift, etc.

19. (1) An application in a probate action for an order under section 701) of the Ordinance requiring a person to bring into the Registry a will or other testamentary paper or to attend in court for examination may be made to a judge by summons, and the summons must be served on the person against whom the order is required.

(2) An application in a probate action for the issue by the Registrar of a subpoena under section 7(3) of the Ordinance requiring a person to bring into the Registry a will or other testamentary paper must be supported by an affidavit setting out the grounds of the application,

(3) Any person against whom a subpoena is issued under the said section and who denies that the will or ocher lesia- mentary paper referred to in the subpoena is in his possession or under his control may file an affidavit to that effect.

Case for motion.

20. (1) Where an application in a probele cause or malter is to be made to the Court by motion, the applicant must.

(a)

not less than 7 clear days before the day on which the motion is to be heard, file a case for motion in the Registry together with an affidavit verifying the statements of fact made in the case; and

(b) not less than 5 clear days before that day, serve a copy of the case and of every affidavit în support of the motion on any person entitled to be heard in opposition to the motion.