(2) Notice of an
application is to be published in the manner prescribed by the rules--
(a) in
the case of an application made by way of a cross-claim--within the period
prescribed by the rules in relation to such an application, or
(b) in any
other case--not less than 14 days before the making of the application.
(3)
Application for probate of a will not deposited as referred to in section 51
of the Succession Act 2006 provided or for letters of administration shall be
supported by an affidavit that a search has been made in the proper office for
a will of the deceased, and stating whether any such will remains deposited
with the officer for the time being authorised to have the custody of
deposited wills, or by a certificate from the Registrar to the like effect.
(4) The Court may by order direct that any partial or total failure to comply
with the requirements of subsections (2) and (3) shall not bar the granting of
probate or letters of administration.
(5) The Court may refuse to revoke a
grant of probate or letters of administration notwithstanding that in respect
of the application for the grant there was any partial or total failure to
comply with the requirements of subsections (2) and (3).
