1988 Ed.] The Rules of the Supreme Court-Order 76
[CAP. 4
A 311
(5) Where the Court grants an order under paragraph (3), it may direct the action to be tried on affidavit evidence:
Service of statement of claim (O. 76, r. 7)
7. The plaintiff in a probate action must, unless the Court gives leave to the contrary or unless a statement of claim is indorsed on the writ, serve a statement of claim on every defendant who acknowledges service of the writ in the action and must do so before the expiration of 6 weeks after acknowledgment of service by that defendant or of 8 days after the filing by that defendant of an affidavit under rule 5, whichever is the later.
Counterclaim (O. 76, r. 8)
8. (1) Notwithstanding anything in Order 15, rule 2(1), a defendant to a probate action who alleges that he has any claim or is entitled to any relief or remedy in respect of any matter relating to the grant of probate of the will, or letters of administration of the estate, of the deceased person which is the subject of the action must add to his defence a counterclaim in respect of that matter.
(2) If the plaintiff fails to serve a statement of claim, any such defendant may, with the leave of the Court, serve a counterclaim and the action shall then proceed as if the counterclaim were the statement of claim.
Contents of pleadings (O. 76, r. 9)
9. (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 understanding; 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.
[Subsidiary]
1988 Ed.] The Rules of the Supreme Court-Order 76
[CAP. 4
A 311
(5) Where the Court grants an order under paragraph (3), it may direct the action to be tried on affidavit evidence:
Service of statement of claim (0. 76, r. 7)
7. The plaintiff in a probate action must, unless the Court gives leave to the contrary or unless a statement of claim is indorsed on the writ, serve a statement of claim on every defendant who acknowledges service of the writ in the action and must do so before the expiration of 6 weeks after acknowledgment of service by that defendant or of 8 days after the filing by that defendant of an affidavit under rule 5, whichever is the later.
Counterclaim (O. 76, r. 8)
8. (1) Notwithstanding anything in Order 15, rule 2(1), a defendant to a probate action who alleges that he has any claim or is entitled to any relief or remedy in respect of any matter relating to the grant of probate of the will, or letters of administration of the estate, of the deceased person which is the subject of the action must add to his defence a counterclaim in respect of that matter.
(2) If the plaintiff fails to serve a statement of claim, any such defendant may, with the leave of the Court, serve a counterclaim and the action shall then proceed as if the counterclaim were the statement of claim,
Contents of pleadings (O. 76, r. 9)
9. (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 understanding; 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.
[Subsidiary]
No comments yet.
Private notes are available after approval.