78Objection prior to proceedings

78 Objection prior to proceedings

78 Objection prior to proceedings

(cf former Part 78, rule 77A)

(1) At any time prior to the commencement of proceedings for the passing of accounts for an estate in respect of which—

(a) probate or administration has been granted, or

(b) a foreign grant has been resealed,

any person (the objector) may, by filing a notice of his or her intention to do so, object to the passing of accounts or the allowance of commission, as the case may be.

(2) The address for service shown in the notice is taken to be the objector’s address for service in any such proceedings.

(3) On the commencement of any such proceedings, the registrar must serve a copy of the notice on the applicant.

(4) As soon as practicable after being served with such a copy, the applicant in any such proceedings must serve a copy of the originating process on the objector.