Proceeding where executor neglects to prove will
88.54 Proceeding where executor neglects to prove will
(1) Subject to subrule (4), an application under section 34 of the Probate Act:
(a) shall be by originating motion supported by affidavit; and
(b) may be made in the absence of a respondent.
(2) An order which the Court may make under section 34 of the Probate Act shall not be in the form of an order nisi, but shall be:
(a) in accordance with Form
88ZB; or
(b) in accordance with such other form as the Court directs.
(3) In order to prove that an executor has neglected or refused to prove a will or to renounce probate of the will, a person intending to apply under subrule (1) may apply for issue of a citation under this Part in accordance with
Form 88Y.
(4) Where a citation has been issued in accordance with subrule (3), a proceeding for an order under section 34 of the Probate Act shall be by summons in the proceeding in which the citation was issued.
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