Revocation/refusal of revocation of grant of probate
| Published date | 21 March 2018 |
| Subject Matter | Chancery forms |
Revocation/refusal of revocation of grant of probate CH 28
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 . . .
UPON THE TRIAL of this Claim and Counterclaim
AND UPON HEARING [names of the advocates and/or those given permission to address the court] for the Claimant / the Defendant
AND UPON READING [Probate of the alleged last Will and Testament of the deceased dated granted on [date] to [name] [Letters of Administration of the estate of the deceased granted on [date] to [name]
THE COURT PRONOUNCES FOR the force and validity of the Last Will and Testament of the deceased dated ……………..
AND THE COURT PRONOUNCES AGAINST the force and validity of the alleged Last Will and Testament of the deceased dated ………………..
AND IT IS ORDERED that
(1) the Probate / Letters of Administration be [revoked] [handed to the [party}] or [his] Solicitors]
(2) this Claim and Counterclaim be dismissed
(3) there be a detailed assessment if not agreed of
a) the costs of this Claim and Counterclaim of the Claimant / Defendant / Executor named in the Will dated………..
b) the costs of this Claim and Counterclaim of the Claimant / Defendant
() that the costs specified in a) and b) shall above be paid out of the estate of the deceased in the due course of administration
() that the Claimant / Defendant do pay to the Claimant / Defendant [his] costs of this Claim and Counterclaim such costs to be subject to detailed assessment if not agreed [delete as required]
(4) this...
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