Supreme Court Rules 1987

(1) Where an application for a grant of representation or for resealing has been made to the

Registrar and:

(a) a caveat against the application is subsequently lodged with the Registrar before the representation applied for has been granted;

(b) there is no direct evidence of the death of the person in respect of whom the application is made but only evidence supporting a presumption of his death;

(c) it appears doubtful to the

Registrar whether the application should be granted; or

(d) the application is made under Part IV of the Probate Act, and the Registrar thinks it proper to be dealt with by a Judge or it becomes necessary to obtain the directions of a Judge.

the Registrar shall serve on the applicant a notice in writing stating that he will not deal with the application, and giving his reasons.

(2) When an applicant has been served with a notice under subrule (1), he may apply to the

Court by summons for a grant of representation or resealing.