86Citation to accept or refuse to apply for grant

### 86 Citation to accept or refuse to apply for grant > > (1)  A citation to accept, or refuse, a grant in relation to an estate may be issued at the request of any person who would be entitled to a grant in relation to that estate in the event of the person to be cited renouncing his or her entitlement to apply for a grant in relation to that estate. > > > (2)  If the entitlement of an executor of an estate to apply for a grant has been reserved, a citation calling on that executor to appear to accept, or refuse, the grant may be issued on the request of an executor of that estate who has applied for the grant. > > > (3)  A citation calling on an executor who has intermeddled in an estate to appear to show cause why he or she should not be ordered to accept the grant may be issued at the request of a person with an interest in the estate. > > > (4)  A citation may not be issued under this rule while proceedings as to the validity of any relevant will are pending. > > > (5)  A person who is cited and is willing to apply for a grant may, after entering an appearance, apply *ex parte* for a grant to himself or herself. > > > (6)  If no appearance in response to a citation is entered under [rule 85(7)](#GS85@Gs7@EN) within 14 days after the service of the citation, or within such other time as determined by the Registrar, the person who requested the citation may – > > > > > > (a) in the case of a citation issued under [subrule (1)](#GS86@Gs1@EN) , apply to the Registrar for an order for a grant to himself or herself; or > > > > > > > (b) in the case of a citation issued under [subrule (2)](#GS86@Gs2@EN) , apply to the Registrar for an order that the executor in respect of whom the power has been reserved has not appeared and that his or her entitlement in respect of the executorship has ceased; or > > > > > > > (c) in the case of a citation issued under [subrule (3)](#GS86@Gs3@EN) , apply to the Registrar for an order requiring the person cited to apply for a grant within a specified time, or if this does not occur, requiring a grant to be issued to the person or some other specified person. > > > (7)  An application under [subrule (6)](#GS86@Gs6@EN) must be supported by an affidavit showing that the relevant citation was served in accordance with [rule 32](#GS32@EN) . > > > (8)  If the person cited has entered an appearance but has not applied for a grant under [subrule (5)](#GS86@Gs5@EN) , or has failed to proceed with his or her application with reasonable diligence, the person who requested the citation may – > > > > > > (a) in the case of a citation issued under [subrule (1)](#GS86@Gs1@EN) , apply to the Registrar for an order for a grant to himself or herself; or > > > > > > > (b) in the case of a citation issued under [subrule (2)](#GS86@Gs2@EN) , apply to the Registrar for an order striking out the appearance, stating that the executor in respect of whom power has been reserved has not appeared and that his or her entitlement in respect of the executorship has ceased; or > > > > > > > (c) in the case of a citation issued under [subrule (3)](#GS86@Gs3@EN) , apply to the Registrar for an order requiring the person cited to apply for a grant within in a specified time, or if this does not occur, requiring a grant to be issued to the person or some other specified person.