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Contents (1970 - 01)
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Supreme Court Rules 1970
Current version for 6 January 2017 to date (accessed 18 August 2017 at 07:25)
Part 78 Division 7
Division 7 Proceedings for revocation of grant of probate or administration
46   Application
This Division applies to proceedings for the revocation of a grant of probate or administration.
47   Commencement of proceedings with no defendant
(cf former Part 78, rules 40 and 41)
If there is no defendant, the proceedings must be commenced by summons, and may be dealt with by the registrar in the absence of the public and without any attendance by or on behalf of any person.
48   Commencement of proceedings with defendant
(cf former Part 78, rule 43)
(1)  If there is a defendant, proceedings for the revocation of a grant of probate or administration must be commenced by statement of claim.
(2)  The statement of claim must allege facts that, if proved, would show that the plaintiff has standing to commence the proceedings.
49   Deposit of grant of probate or administration
(cf former Part 78, rules 38 and 39)
The Court may order an executor or administrator to deposit a grant of probate or administration in the registry:
(a)  on the application of a person who intends to commence proceedings for the revocation of the grant, or
(b)  if proceedings for the revocation of the grant have already commenced, on the application of the plaintiff or of its own motion.