Family Justice (Probate and Other Matters) Rules 2024 · As enacted · Part 6 · Non-Contentious Probate Proceedings
40. Citation to propound will (P. 6, r. 40)
Feedback & supportA citation to propound a will must be directed to the executors named in the will and to all persons interested under the will, and may be issued at the instance of any citor having an interest contrary to that of the executors or such other persons.
The citor may apply by summons to the Registrar for permission to apply for a grant as if the will were invalid if —
the person cited has filed a notice of intention to contest or not contest the citation stating that he or she does not intend to contest the citation;
the time limited for filing a notice of intention to contest or not contest the citation has expired and no person cited has filed such a notice; or
no person cited who has filed a notice of intention to contest or not contest the citation stating that he or she intends to contest the citation proceeds with reasonable diligence to propound the will.
Unless the Registrar otherwise directs, any summons filed under paragraph (2) must be served on the person cited.
Subregulation 1
A citation to propound a will must be directed to the executors named in the will and to all persons interested under the will, and may be issued at the instance of any citor having an interest contrary to that of the executors or such other persons.
Subregulation 2
The citor may apply by summons to the Registrar for permission to apply for a grant as if the will were invalid if —
the person cited has filed a notice of intention to contest or not contest the citation stating that he or she does not intend to contest the citation;
the time limited for filing a notice of intention to contest or not contest the citation has expired and no person cited has filed such a notice; or
no person cited who has filed a notice of intention to contest or not contest the citation stating that he or she intends to contest the citation proceeds with reasonable diligence to propound the will.
Subregulation 3
Unless the Registrar otherwise directs, any summons filed under paragraph (2) must be served on the person cited.