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Contents (1970 - 01)
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Supreme Court Rules 1970
Current version for 6 January 2017 to date (accessed 23 August 2017 at 21:47)
45   Persons who are bound by Court’s decision on informal testamentary document
(cf former Part 78, rule 34F)
(1)  This rule applies if a decision is made under:
(a)  section 8 of the Succession Act 2006, or
(b)  section 18A of the Probate and Administration Act 1898, as in force before the repeal of that section,
in relation to an informal testamentary document.
Note.
 The provisions referred to in paragraph (b) were repealed, and replaced by the provisions referred to in paragraph (a), on 1 March 2008.
(2)  Subject to any order made by the Court, each of the following persons is bound by the decision made in relation to the informal testamentary document to the same extent as if he or she had been a party to the proceedings concerned when the decision was made:
(a)  any person whose consent to the grant of probate or administration has been filed in relation to the document,
(b)  any person whose interests may be affected by the Court’s decision as to the deceased’s intentions in relation to the document, but only if:
(i)  a prescribed notice has been served on the person, or
(ii)  the Court has, pursuant to rule 42 (5), dispensed with the requirement for service.
Note.
 Pursuant to rule 60, subject to any contrary order, a person on whom a notice of proceedings has been served under rule 57 is also bound by the decision, as he or she is bound by all other orders and decisions made in the proceedings to which the decision relates, including orders and decisions made by consent or otherwise without a contested hearing.