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Hi all,
Im looking for clarification from anyone familiar with the 2025 amendments to Rule 44 and Rule 27 of the Non‑Contentious Probate Rules.
Im dealing with a caveat dispute and Im trying to understand whether the process followed by Leeds Probate Registry is consistent with the amended rules.
Summary of what has happened (no dates needed):
A Warning was issued and properly served.
The caveator filed an Appearance, but Leeds confirmed it did not state a contrary interest.
No Summons was filed within the 14‑day warning period.
A Summons was later lodged after the warning deadline.
Leeds confirmed the Summons was filed without a supporting statement and without any evidence.
Leeds told me the caveator only needed to file the Summons and a statement of truth at that stage, and that evidence could follow later.
Leeds then gave the caveator a further 14 days to submit evidence.
The matter is due to go to the Registrar for directions once this extended period ends.
My understanding of the 2025 amendments:
From reading the updated legislation, the memorandum, and the amended Rule 44 wording, it appears that:
A Summons must be filed with a supporting statement.
Evidence must be filed at the same time as the Summons.
The Summons and supporting statement must be served within the original 14‑day warning period.
The rules do not say that evidence can be filed later.
The rules do not give the Registry power to extend the 14‑day period.
This seems to conflict with what Leeds have told me.
My concern:
Leeds appears to have accepted a Summons that:
was filed after the 14‑day warning deadline,
had no supporting statement,
had no evidence,
and was not served.
And then gave the caveator an additional 14 days to fix it.
Additional question:
Once the Registrys extended deadline expires, how long does it usually take for the file to be passed to the Registrar for directions?
Ive been told it will go to the Registrar immediately after this second deadline, but Im unsure how quickly that transfer normally happens.
Main question:
How will the Registrar view a Summons that was:
filed late,
filed without a supporting statement,
filed without evidence,
and not served within the 14‑day period?
Does the Registrar treat such a Summons as defective under the amended Rule 44, regardless of any administrative extensions given by Leeds?
Any insight from those familiar with the 2025 amendments would be greatly appreciated.
Im looking for clarification from anyone familiar with the 2025 amendments to Rule 44 and Rule 27 of the Non‑Contentious Probate Rules.
Im dealing with a caveat dispute and Im trying to understand whether the process followed by Leeds Probate Registry is consistent with the amended rules.
Summary of what has happened (no dates needed):
A Warning was issued and properly served.
The caveator filed an Appearance, but Leeds confirmed it did not state a contrary interest.
No Summons was filed within the 14‑day warning period.
A Summons was later lodged after the warning deadline.
Leeds confirmed the Summons was filed without a supporting statement and without any evidence.
Leeds told me the caveator only needed to file the Summons and a statement of truth at that stage, and that evidence could follow later.
Leeds then gave the caveator a further 14 days to submit evidence.
The matter is due to go to the Registrar for directions once this extended period ends.
My understanding of the 2025 amendments:
From reading the updated legislation, the memorandum, and the amended Rule 44 wording, it appears that:
A Summons must be filed with a supporting statement.
Evidence must be filed at the same time as the Summons.
The Summons and supporting statement must be served within the original 14‑day warning period.
The rules do not say that evidence can be filed later.
The rules do not give the Registry power to extend the 14‑day period.
This seems to conflict with what Leeds have told me.
My concern:
Leeds appears to have accepted a Summons that:
was filed after the 14‑day warning deadline,
had no supporting statement,
had no evidence,
and was not served.
And then gave the caveator an additional 14 days to fix it.
Additional question:
Once the Registrys extended deadline expires, how long does it usually take for the file to be passed to the Registrar for directions?
Ive been told it will go to the Registrar immediately after this second deadline, but Im unsure how quickly that transfer normally happens.
Main question:
How will the Registrar view a Summons that was:
filed late,
filed without a supporting statement,
filed without evidence,
and not served within the 14‑day period?
Does the Registrar treat such a Summons as defective under the amended Rule 44, regardless of any administrative extensions given by Leeds?
Any insight from those familiar with the 2025 amendments would be greatly appreciated.