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Part 1 · General

2. Transitional provisions and application (P. 1, r. 2)

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(1)

Subject to this Rule, these Rules apply to and in relation to all of the following proceedings in the Family Justice Courts which are commenced on or after 15 October 2024, including appeals arising from those proceedings:

(a)

any civil proceedings under the Inheritance (Family Provision) Act 1966;

(b)

any civil proceedings for the distribution of an intestate estate in accordance with the Intestate Succession Act 1967;

(c)

any civil proceedings under the Legitimacy Act 1934;

(d)

any civil proceedings under the Probate and Administration Act 1934;

(e)

any civil proceedings under the Wills Act 1838.

(2)

The Family Justice Rules 2014 (G.N. No. S 813/2014) (called the revoked Rules) as in force immediately before 15 October 2024 continue to apply to and in relation to —

(a)

any proceedings mentioned in paragraph (1) commenced before 15 October 2024; and

(b)

any appeal heard by the Family Division against a decision of a Family Court which was made in proceedings mentioned in sub‑paragraph (a).

(3)

Unless otherwise provided in these Rules, the following provisions of the Rules of Court 2021 (G.N. No. S 914/2021) apply with the necessary modifications to and in relation to all proceedings mentioned in paragraph (1): Order 6, except Rules 3(6), 6(5), (6) and (7), 7(7) and (8), 8(3) and 9(3) Order 7 Order 8 Order 9, except Rules 6, 9(7)(e), (f), (g) and (m) and 17 Order 10, except Rule 5(1)(b), (2) and (3) Order 11 Order 12 Order 13 Order 14, except Rules 1(6), 4(1)(c) and 12 Order 15, except Rules 1 and 2 Order 16, except Rule 2(6), (7), (8), (9) and (10) Order 17 Order 22, except Rule 12 Order 28 Order 29 Order 29A Order 32 Order 54 Order 69 Order 70.

(4)

Without limiting paragraph (3), where the provisions of the Rules of Court 2021 mentioned in that paragraph apply to and in relation to any proceedings mentioned in paragraph (1), the references in the Rules of Court 2021 to a term specified in the first column of the following table are to be read as references to the term specified opposite in the second column of the table:First columnTerm in Rules of Court 2021Second columnTerm under these Rules1.Court(a)the Family Division or a judge sitting in the Family Division; (b)a Family Court or a judge of a Family Court, whether sitting in court or in chambers; or (c)in cases where he or she is empowered to act — the Registrar2.General DivisionFamily Division3.Judge(a)a judge of the Family Division; (b)a judge of a Family Court; or (c)in cases where he or she is empowered to act — the Registrar4.RegistrarRegistrar of the Family Justice Courts5.Registrar of the Supreme CourtRegistrar of the Family Justice Courts6.State CourtFamily Court7.State CourtsFamily Courts8.SheriffBailiff in the Family Justice Courts(5) Despite any provision in these Rules providing that the revoked Rules are to apply to certain proceedings, the Court may direct that the provisions of Order 3, Rule 8, Order 8, Rule 2, Order 25, Rule 3(2) and Order 29A of the Rules of Court 2021 are to apply with suitable modifications to those proceedings.

(6)

The First Schedule sets out the categories of cases to which specific provisions of these Rules do not apply, or apply with modifications.

(7)

These Rules do not apply to any appeal against a decision of the Family Division which is heard in the Court of Appeal or Appellate Division.

Subregulation 1

Subject to this Rule, these Rules apply to and in relation to all of the following proceedings in the Family Justice Courts which are commenced on or after 15 October 2024, including appeals arising from those proceedings:

(a)

any civil proceedings under the Inheritance (Family Provision) Act 1966;

(b)

any civil proceedings for the distribution of an intestate estate in accordance with the Intestate Succession Act 1967;

(c)

any civil proceedings under the Legitimacy Act 1934;

(d)

any civil proceedings under the Probate and Administration Act 1934;

(e)

any civil proceedings under the Wills Act 1838.

Subregulation 2

The Family Justice Rules 2014 (G.N. No. S 813/2014) (called the revoked Rules) as in force immediately before 15 October 2024 continue to apply to and in relation to —

(a)

any proceedings mentioned in paragraph (1) commenced before 15 October 2024; and

(b)

any appeal heard by the Family Division against a decision of a Family Court which was made in proceedings mentioned in sub‑paragraph (a).

Subregulation 3

Unless otherwise provided in these Rules, the following provisions of the Rules of Court 2021 (G.N. No. S 914/2021) apply with the necessary modifications to and in relation to all proceedings mentioned in paragraph (1): Order 6, except Rules 3(6), 6(5), (6) and (7), 7(7) and (8), 8(3) and 9(3) Order 7 Order 8 Order 9, except Rules 6, 9(7)(e), (f), (g) and (m) and 17 Order 10, except Rule 5(1)(b), (2) and (3) Order 11 Order 12 Order 13 Order 14, except Rules 1(6), 4(1)(c) and 12 Order 15, except Rules 1 and 2 Order 16, except Rule 2(6), (7), (8), (9) and (10) Order 17 Order 22, except Rule 12 Order 28 Order 29 Order 29A Order 32 Order 54 Order 69 Order 70.

Subregulation 4

Without limiting paragraph (3), where the provisions of the Rules of Court 2021 mentioned in that paragraph apply to and in relation to any proceedings mentioned in paragraph (1), the references in the Rules of Court 2021 to a term specified in the first column of the following table are to be read as references to the term specified opposite in the second column of the table:First columnTerm in Rules of Court 2021Second columnTerm under these Rules1.Court(a)the Family Division or a judge sitting in the Family Division; (b)a Family Court or a judge of a Family Court, whether sitting in court or in chambers; or (c)in cases where he or she is empowered to act — the Registrar2.General DivisionFamily Division3.Judge(a)a judge of the Family Division; (b)a judge of a Family Court; or (c)in cases where he or she is empowered to act — the Registrar4.RegistrarRegistrar of the Family Justice Courts5.Registrar of the Supreme CourtRegistrar of the Family Justice Courts6.State CourtFamily Court7.State CourtsFamily Courts8.SheriffBailiff in the Family Justice Courts

Subregulation 5

Despite any provision in these Rules providing that the revoked Rules are to apply to certain proceedings, the Court may direct that the provisions of Order 3, Rule 8, Order 8, Rule 2, Order 25, Rule 3(2) and Order 29A of the Rules of Court 2021 are to apply with suitable modifications to those proceedings.

Subregulation 6

The First Schedule sets out the categories of cases to which specific provisions of these Rules do not apply, or apply with modifications.

Subregulation 7

These Rules do not apply to any appeal against a decision of the Family Division which is heard in the Court of Appeal or Appellate Division.

Report

Part 2

Overview

Part 3

General Matters

Part 4

Parties to Proceedings and Causes of Action

Part 5

Amicable Resolution of Cases

Part 6

Non-Contentious Probate Proceedings

Part 7

Contentious Probate Proceedings

Part 8

Inheritance (Family Provision) Act 1966

Part 9

Legitimacy Act 1934

Part 10

Wills Act 1838

Part 11

Disability

Part 12

Appeals from Applications in Actions, Registrar’S Decisions and Trials of Originating Application by District Judge or Magistrate

Part 13

Appeals from Judgments and Orders After Trial

Part 14

Transfer of Proceedings

Part 15

Contempt of Court

Part 16

Costs

Part 17

Court Fees

Part 18

Lodgment in Court, Money in Registry and Payment to Bailiff

Schedules