Grant of representation—evidence of proper execution of will etc

In force

(1)

This rule applies if a person applies for grant of probate or administration of a will and—

(a)

the court considers that—

(i)

there is doubt about the proper execution or attestation of the will; or

(ii)

any circumstances in relation to the making of the will need explanation; or

(iii)

there is doubt about the date the will was made; or

(b)

the will is undated.

(2)

The court may, by order, require evidence about the execution, attestation or making of the will, including the date the will was made.

(3)

The court may make an order under subrule (2) on application by an interested person or on its own initiative.

Note

Pt 6.2 (Applications in proceedings) applies to an application for an order.

(4)

The court may make an order under subrule (2) even though the following rules may have been complied with:

• rule 3030 (Grant of representation—evidence of proper attestation of will)

• rule 3031 (Grant of representation—will by blind or illiterate person).

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