44Person affected by informal testamentary document becomes party on entering appearance

#### 44 Person affected by informal testamentary document becomes party on entering appearance 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](/view/html/inforce/current/act-2006-080), or > > > > > > > (ii) section 18A of the [Probate and Administration Act 1898](/view/html/inforce/current/act-1898-013), 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 The provisions referred to in subparagraph (ii) were repealed, and replaced by the provisions referred to in subparagraph (i), on 1 March 2008.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).