Notice in probate action
738 Notice in probate action
A party opposing a will in a probate action may give notice to the party setting up the will that the opposing party – merely requires the will to be proved in a solemn form of law; and intends only to cross-examine the witnesses produced in support of the will.
Notice under subrule (1) is to be filed and given with the defence.
A party opposing a will who has given notice – may cross-examine the witnesses produced in support of the will but may not adduce evidence in opposition to the will; and is not liable to pay the costs of the other side, unless the Court is of opinion that there was no reasonable ground for opposing the will.
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