39Notice of proceedings to be served on certain persons

#### 39 Notice of proceedings to be served on certain persons 39 Notice of proceedings to be served on certain persons (cf former Part 78, rule 34C) > > (1) This rule applies to any proceedings on an application for the grant of probate or administration in which an application is made for an order under— > > > > > (a) section 10 (3) (c) or 27 (1) of the [Succession Act 2006](/view/html/inforce/current/act-2006-080), or > > > > > (b) section 13 (2) (c), 15A (2) (a) or 29A (1) of the [Probate and Administration Act 1898](/view/html/inforce/current/act-1898-013), as in force before the repeal of those provisions. > > > > Note— > > > > The provisions referred to in paragraph (b) were repealed, and replaced by the provisions referred to in paragraph (a), on 1 March 2008. > > > (2) The applicant for the grant of probate or administration— > > > > > (a) must file an affidavit showing the persons whose interests would be adversely affected if the order were made, and > > > > > (b) must serve a notice of proceedings on each such person within 28 days after the application for the order is made. > > > > Note— > > > > Division 9 (particularly Subdivisions 3, 4 and 5) apply to a notice of proceedings referred to in paragraph (b). > > > (3) Subrule (2) (b) does not require a notice of proceedings to be served on a person who has consented to the making of the order. > > > (4) Any document that the applicant intends to rely on as evidence of such consent must be filed.