88.86
CurrentApplications under Probate Act and these Rules
Chapter 3Probate and administration rules
Part 14General
88.86 Applications under Probate Act and these Rules
(1) An application for an order which, under the Probate Act or these Rules, the Court has power to make shall:
(a) where the application is in relation to a proceeding already commenced – be made by summons;
or
(b) where the application is in the nature of an originating proceeding – be made by a writ or an originating motion supported by affidavit,
unless:
(c) this Part provides otherwise; or
(d) the Court otherwise orders.
(2) Subrule (1) applies to a proceeding which may be commenced under this Chapter but in respect of which no procedure for commencement is prescribed.
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