1988 Ed.] The Rules of the Supreme Court Order 76
Requirements in connection with issue of writ (O. 76, r. 2)
2. (1) A probate action must be begun by writ.
[CAP. 4
(2) Before a writ beginning a probate action is issued it must be indorsed with a statement of the nature of the interest of the plaintiff and of the defendant in the estate of the deceased to which the action relates.
Parties to action for revocation of grant (O. 76, r. 3)
3. Every person who is entitled or claims to be entitled to administer the estate of a deceased person under or by virtue of an unrevoked grant of probate of his will or letters of administration of his estate shall be made a party to any action for revocation of the grant.
Lodgment of grant in action for revocation (O. 76, r. 4)
4. (1) Where, at the commencement of an action for the revocation of a grant of probate of the will or letters of administration of the estate of a deceased person, the probate or letters of administration, as the case may be, have not been lodged in court, then-
(a) if the action is commenced by a person to whom the grant was made, he shall lodge the probate or letters of administration in the Registry within 7 days after the issue of the writ;
(b) if any defendant to the action has the probate or letters of administration in his possession or under his control, he shall lodge it or them in the Registry within 14 days after the service of the writ upon him.
(2) Any person who fails to comply with paragraph (1) may, on the application of any party to the action, be ordered by the Court to lodge the probate or letters of administration in the Registry within a specified time; and any person against whom such an order is made shall not be entitled to take any step in the action without the leave of the Court until he has complied with the order.
Affidavit of testamentary scripts (O. 76, r. 5)
5. (1) Unless the Court otherwise directs, the plaintiff and every defendant who has acknowledged service of the writ in a probate action must swear an affidavit-
(a) describing any testamentary script of the deceased person, whose estate is the subject of the action, of which he has any knowledge or, if such be the case, stating that he knows of no such script; and
A 309
[Subsidiary]
1
1988 Ed.] The Rules of the Supreme Court Order 76
Requirements in connection with issue of writ (O. 76, r. 2)
2. (1) A probate action must be begun by writ.
[CAP. 4
(2) Before a writ beginning a probate action is issued it must be indorsed with a statement of the nature of the interest of the plaintiff and of the defendant in the estate of the deceased to which the action relates.
Parties to action for revocation of grant (O. 76, r. 3)
3. Every person who is entitled or claims to be entitled to administer the estate of a deceased person under or by virtue of an unrevoked grant of probate of his will or letters of administration of his estate shall be made a party to any action for revocation of the grant.
Lodgment of grant in action for revocation (O. 76, r. 4)
4. (1) Where, at the commencement of an action for the revocation of a grant of probate of the will or letters of administra- tion of the estate of a deceased person, the probate or letters of administration, as the case may be, have not been lodged in court, then-
(a) if the action is commenced by a person to whom the grant was made, he shall lodge the probate or letters of adminis- tration in the Registry within 7 days after the issue of the writ;
(b) if any defendant to the action has the probate or letters of administration in his possession or under his control, he shall lodge it or them in the Registry within 14 days after the service of the writ upon him.
(2) Any person who fails to comply with paragraph (1) may, on the application of any party to the action, be ordered by the Court to lodge the probate or letters of administration in the Registry within a specified time; and any person against whom such an order is made shall not be entitled to take any step in the action without the leave of the Court until he has complied with the order.
Affidavit of testamentary scripts (O. 76, r. 5)
5. (1) Unless the Court otherwise directs, the plaintiff and every defendant who has acknowledged service of the writ in a probate action must swear an affidavit-
(a) describing any testamentary script of the deceased person, whose estate is the subject of the action, of which he has any knowledge or, if such be the case, stating that he knows of no such script; and
A 309
[Subsidiary]
1
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