Regulation 38

Every citation in one of the forms in Form 173 must issue from the Registry.

Every averment in a citation, and such other information as the Registrar may require, must be verified by an affidavit sworn by the person issuing the citation (called in this Part the citor) or, if there are 2 or more citors, by one of them.

Despite paragraph (2), the Registrar may in special circumstances accept an affidavit sworn by the citor’s solicitor.

The citor must enter a caveat before issuing a citation.

Every citation must be served personally on the person cited unless the Registrar, on an application for substituted service with a supporting affidavit, directs some other mode of service, which may include notice by advertisement.

Where a citation refers to a will, a copy of the will must be filed in the Registry before the citation is issued, except where the will or a copy of it is not in the citor’s possession and the Registrar is satisfied that it is impracticable to require it to be filed.

A person who has been cited may, within 14 days after service of the citation on him or her, or at any time thereafter if no application has been made by the citor under Rule 39(6) or 40(2), file a notice of intention to contest or not contest the citation in Form 172 in the Registry.

The person who has been cited and who has filed a notice of intention to contest or not contest the citation under paragraph (7) must serve on the citor a copy of that notice.