UNIFORM CIVIL PROCEDURE RULES 1999 - REG 642 Revocation of grants and limited grants

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 642

642 Revocation of grants and limited grants

(1) The court may, on application, revoke a grant or make a limited grant if—

(a) it appears to the court that—

(i) the personal representative is no longer capable of acting in the administration; or

(ii) the personal representative can not be found; or

(iii) the grant was made because of a mistake of fact or law; or

(b) the personal representative wants to retire from the administration.

(2) With the consent of the parties, the registrar may exercise the jurisdiction of the court under this rule.

(3) If the court revokes a grant or replaces it with a limited grant, the personal representative must bring the original grant into the registry as soon as practicable after the order is made.

(4) On the hearing of an application under this rule, the court may direct that the proceeding continue as if started by claim and give any directions it considers appropriate.