SUPREME COURT RULES 1970 - SECT 78.42 Consent of or notice to person affected

SUPREME COURT RULES 1970 - SECT 78.42

78.42 Consent of or notice to person affected

(cf former Part 78, rules 34E and 34G)

(1) The plaintiff must serve notice of the application (
"a prescribed notice" ) on each person whose interests may be affected by the Court's decision as to the deceased's intentions in relation to the informal testamentary document.

(2) Subrule (1) does not require a prescribed notice to be served--

(a) on the caveator under any caveat in force in respect of the informal testamentary document, or

(b) on any person who has consented to the grant of probate or administration to the plaintiff.

(3) Any consent referred to in subrule (2) (b) must be filed by the plaintiff.

(4) If the person whose interests are affected is a person under legal incapacity--

(a) subrule (2) (b) does not apply, and

(b) if the person has no tutor, service of a prescribed notice does not take effect until a tutor is appointed.

(5) The Court may dispense with compliance with subrule (1) on any of the following grounds--

(a) that the person affected cannot readily be ascertained,

(b) that the person affected, though ascertained, cannot readily be found,

(c) that it would be expedient to do so (having regard to all the circumstances, including the amount at stake and the degree of difficulty of the point to be determined) so as to save expense.

Note : Pursuant to rule 72, unless the Court otherwise directs, a caveator under any caveat in force in respect of an informal testamentary document is to be a party to proceedings for the grant of probate or administration that comprises or includes the informal testamentary document.