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.