87Citation to propound will

87 Citation to propound will

(1)  A citation to apply for probate in solemn form –

(a) is to be directed to –

(i) an executor or executors named in the will; and

(ii) to all persons who have an interest in that will; and

(b) may be issued on the request of any person who has an interest in the estate contrary to that of the executors or other interested persons.

(2)  If –

(a) there has been no appearance entered within 14 days of a citation issued as in subrule (1) , or within such time as determined by the Registrar; or

(b) a person has entered an appearance in response to a citation issued as in subrule (1) within 14 days of the issue of the citation, or within such time as determined by the Registrar, but has not proceeded with reasonable diligence to propound the will –

the person issuing the citation may apply to the Registrar for an order to issue a grant as if the will were invalid.

(3)  An application for an order to issue a grant as if the will were invalid made under subrule (2) must be supported by an affidavit showing that the relevant citation was served under rule 32 .

(4)  An order made by the Registrar under subrule (2) is to be served on each person cited in the citation who has entered an appearance in response to the citation.