58Election to be a defendant

#### 58 Election to be a defendant 58 Election to be a defendant (cf former Part 78, rule 57) > > (1) A person on whom a notice of proceedings has been served may include in his or her notice of appearance a statement that he or she elects to be a defendant in the proceedings. > > > (2) If the person makes such an election— > > > > > (a) he or she becomes a defendant in the proceedings, and > > > > > (b) the proceedings are to continue as if the person— > > > > > > > (i) had been joined as a defendant by the application for the grant of probate or administration, and > > > > > > > (ii) had been served with the application for the grant of probate or administration on the day on which he or she was served with the notice of proceedings.