Probate Legislation Q.

[Caveator78]

"R61 (5) of NCPR 1987 as amended" Can anyone advise what R61 (5) is?

[des8]

Non-Contentious Probate Rules 1987
Rule 61: Power to require applications to be made by summons

61.—(1) A registrar may require any application to be made by summons to a registrar in chambers or a judge in chambers or open court.

(2) An application for an inventory and account shall be made by summons to a registrar.

(3) A summons for hearing by a registrar shall be issued out of the registry in which it is to be heard.

(4) A summons to be heard by a judge shall be issued out of the Principal Registry.

BUT NO NUMBER 5 .....possibly a typo error/ have you asked Registrar?

[Caveator78]

Thanks for the swift response.You have confirmed exactly what we have found, i.e no (5)

[Caveator78]

How would you recommend they approach the person who issued the document?

[des8]

Phone?

[Caveator78]

Is it usual for a respondent to be excluded/not be notified that a registrar was deciding on a summons?

[Traveller61]

Can anyone please tell me the name or number of the form that the summons has to be applied for, I have spoken to both the probate registry and HMRC courts and both deny having the form?

[des8]

What you are looking for is a form headed "summons form" which is issued by the probate registry where probate grant was issued.
Speaking to them is rarely satisfactory ... send request in writing and remember delays caused by Covid!