1987 Ed.]
Matrimonial Causes Rules
[CAP. 179
A 47
(g) the facts alleged by the applicant as justifying an alteration in the agreement and the nature of the alteration sought; (h) if the application is made after the end of the period of 6 months from the date on which representation in regard to the deceased's estate was first taken out, the grounds on which the court's permission to entertain the application is sought.
(4) The applicant shall serve a sealed copy of the summons with a copy of the affidavit in support and an acknowledgement of service in Form 4 annexed to it on every respondent.
(5) [Deleted, L.N. 78/86]
102. (1) Without prejudice to his powers under R.S.C. Order 15 (which deals with parties and other matters), the registrar may at any stage of the proceedings direct that any person be added as a respondent to an application under the last foregoing rule.
(2) R.S.C. Order 15, rule 13 (which enables the court to make representation orders in certain cases), shall apply to the proceedings as if they were mentioned in paragraph (1) of the said rule 13.
(3) A respondent who is a personal representative of the deceased shall, within 14 days after the time limited for giving notice of intention to defend, file an affidavit in answer to the application stating-
(a) full particulars of the value of the deceased's estate for probate, after providing for the discharge of the funeral, testamentary and administration expenses, debts and liabilities payable thereout, including the amount of the estate duty and interest thereon;
(b) the person or classes of persons beneficially interested in the estate (giving the names and addresses of all living beneficiaries) and the value of their interests so far as ascertained; and
(c) if such be the case, that any living beneficiary (naming him) is a minor or a patient within the meaning of rule 105.
(4) If a respondent who is a personal representative of the deceased does not file an affidavit stating the matters mentioned in paragraph (3), the registrar may order him to do so.
(5) A respondent who is not a personal representative of the deceased may, within 14 days after the time limited for giving notice of intention to defend, file an affidavit in answer to the application.
(6) Every respondent who files an affidavit in answer to the application shall at the same time serve a copy thereof on the applicant.
(7) [Deleted, L.N. 325/82]
(8) Rules 76, 77(4) to (7), 80(10) and 81(1) and (2) shall apply with the necessary modifications to an application under section 16 of the Matrimonial Proceedings and Property Ordinance as if it were an application for ancillary relief.
[Subsidiary]
L.N. 78/86.
Further proceedings on application under rule 101.
L.N. 135/72.
L.N. 78/86.
L.N. 325/82.
(Cap. 192.)
1987 Ed.]
Matrimonial Causes Rules
[CAP. 179
A 47
(g) the facts alleged by the applicant as justifying an alteration
in the agreement and the nature of the alteration sought; (h) if the application is made after the end of the period of 6 months from the date on which representation in regard to the deceased's estate was first taken out, the grounds on which the court's permission to entertain the application is sought. (4) The applicant shall serve a sealed copy of the summons with a copy of the affidavit in support and an acknowledgement of service in Form 4 annexed to it on every respondent.
(5) [Deleted, L.N. 78[86]
102. (1) Without prejudice to his powers under R.S.C. Order 15 (which deals with parties and other matters), the registrar may at any stage of the proceedings direct that any person be added as a respondent to an application under the last foregoing rule.
(2) R.S.C. Order 15, rule 13 (which enables the court to make representation orders in certain cases), shall apply to the proceed- ings as if they were mentioned in paragraph (1) of the said rule 13.
(3) A respondent who is a personal representative of the deceased shall, within 14 days after the time limited for giving notice of intention to defend, file an affidavit in answer to the application stating-
(a) full particulars of the value of the deceased's estate for probate, after providing for the discharge of the funeral, testamentary and administration expenses, debts and liabilities payable thereout, including the amount of the estate duty and interest thereon;
(b) the person or classes of persons beneficially interested in the estate (giving the names and addresses of all living beneficiaries) and the value of their interests so far as ascertained; and
(c) if such be the case, that any living beneficiary (naming him) is a minor or a patient within the meaning of rule 105. (4) If a respondent who is a personal representative of the deceased does not file an affidavit stating the matters mentioned in paragraph (3), the registrar may order him to do so.
(5) A respondent who is not a personal representative of the deceased may, within 14 days after the time limited for giving notice of intention to defend, file an affidavit in answer to the application.
(6) Every respondent who files an affidavit in answer to the application shall at the same time serve a copy thereof on the applicant.
(7) [Deleted, L.N. 325/82]
(8) Rules 76, 77(4) to (7), 80(10) and 81(1) and (2) shall apply with the necessary modifications to an application under section 16 of the Matrimonial Proceedings and Property Ordinance as if it were an application for ancillary relief.
[Subsidiary]
L.N. 78/86.
Further proceedings on application under rule 101.
LN. 135/72.
L.N. 78/86.
L.N. 325/82.
(Cap. 192.)
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