Order in probate claim involving compromise (CPR rule 57 Part 1 and 57PD paragraph 6.1)
| Published date | 21 March 2018 |
| Subject Matter | Chancery forms |
Order in Probate Claim involving Compromise CH 26
(CPR rule 57 Part 1 and 57PD para 6.1)
IN THE HIGH COURT OF JUSTICE Claim No. -
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
[ LIST](ChD)
Master [name]
[Day, month, year]
In the estate of [name, deceased]
B E T W E E N:
ABCDEFG
Claimant
-and-
HIJKLMNOP
Defendant
_________________________________________
ORDER
_________________________________________
UPON the application of the [party] by notice dated . . .
AND UPON HEARING [names of the advocates and/or those given permission to address the court] for the Claimant / the Defendant
AND UPON Probate of the alleged last will and testament of (deceased) dated having been granted on [date] to .
AND UPON the court being satisfied that :
(1) consents by or on behalf of every relevant beneficiary (as defined by s.49 of the Administration of Justice Act 1985) have been given to the making of this order; and
(2) the order is for the benefit of those relevant beneficiaries who are children
AND UPON the parties having agreed the terms set out in the attached schedule
THE COURT PRONOUNCES for/against the force and validity of the last will and testament of the deceased a completed copy of which is the script dated and marked exhibit [ ] referred to in the [witness statement][affidavit] of scripts
of [name] sworn on [date] and against the force and validity of the last will and testament of the deceased a completed copy of which is the script dated and marked exhibit [ ] referred to in the [witness statement][affidavit] of scripts of [name] sworn
on [date]
AND ...
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