735Pleadings

### 735 Pleadings > > (1)  A plaintiff who disputes the interest of the defendant is to state that in the statement of claim. > > > (2)  If the interest by virtue of which a party claims to be entitled to a grant of letters of administration is disputed, the party disputing that interest is to show in the appropriate pleading that if the allegations made in the pleading are proved that party would be entitled to an interest in the estate. > > > (3)  A party pleading that the deceased did not know and approve of the contents of a will, unless otherwise ordered by the Court or a judge, is to deliver particulars stating briefly the substance of the case which that party intends to set up. > > > (4)  The following provisions apply to a defence which is pleaded to a probate action and to every statement of claim for revocation of probate: > > > > > > (a) the substance of the case on which it is intended to rely is to be stated; > > > > > > > (b) if it is pleaded that the testator was not of sound mind, memory and understanding, particulars of every specific instance of delusion are to be delivered before the case is set down for trial; > > > > > > > (c) if it is pleaded that undue influence was exercised over the testator, particulars of the character of the undue influence and of every act alleged in exercise of it together with the date of every such act, but not the names of persons present, are to be delivered before the case is set down for trial; > > > > > > > (d) except by leave of the Court or a judge, evidence is not to be given at the trial – > > > > > > > > > > (i) of any instance of delusion other than one particulars of which have been delivered under [paragraph (b)](#GS735@Gs4@Hpb@EN) ; or > > > > > > > > > > > (ii) of undue influence other than undue influence the character of which is referred to in particulars delivered under [paragraph (c)](#GS735@Gs4@Hpc@EN) ; or > > > > > > > > > > > (iii) of any act alleged in exercise of undue influence other than one particulars of which have been delivered under [paragraph (c)](#GS735@Gs4@Hpc@EN) .