SUPREME COURT RULES 1970 - SECT 78.44 Person affected by informal testamentary document becomes party on entering appearance

SUPREME COURT RULES 1970 - SECT 78.44

78.44 Person affected by informal testamentary document becomes party on entering appearance

(cf former Part 78, rule 34I)

(1) This rule applies to a person on whom a prescribed notice has been served in relation to any proceedings if the person enters an appearance within the time limited for entering an appearance.

(2) On entering an appearance, the person becomes a defendant in the proceedings.

(3) The proceedings are to continue as if--

(a) the person had been joined as a defendant by the application for the grant of probate or administration, and

(b) the person had been served with that application on the day on which he or she was served with the prescribed notice.

(4) The person may only take part in--

(a) such parts of the proceedings as relate to the decision under--

(i) section 8 of the Succession Act 2006 , or

(ii) section 18A of the Probate and Administration Act 1898 , as in force before the repeal of that section,

in relation to the informal testamentary document, and

Note : The provisions referred to in subparagraph (ii) were repealed, and replaced by the provisions referred to in subparagraph (i), on 1 March 2008.

(b) such other parts of the proceedings as the Court directs.

(5) The person ceases to be a defendant on the conclusion of those parts of the proceedings referred to in subrule (4).