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) 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.