738Notice in probate action

### 738 Notice in probate action > > (1)  A party opposing a will in a probate action may give notice to the party setting up the will that the opposing party – > > > > > > (a) merely requires the will to be proved in a solemn form of law; and > > > > > > > (b) intends only to cross-examine the witnesses produced in support of the will. > > > (2)  Notice under [subrule (1)](#GS738@Gs1@EN) is to be filed and given with the defence. > > > (3)  A party opposing a will who has given notice – > > > > > > (a) may cross-examine the witnesses produced in support of the will but may not adduce evidence in opposition to the will; and > > > > > > > (b) is not liable to pay the costs of the other side, unless the Court is of opinion that there was no reasonable ground for opposing the will.