RULES, ORDERS, AND INSTRUCTIONS AS TO PERSONAL APPLICATIONS FOR GRANTS OF PROBATE OR LETTERS OF ADMINISTRATION IN THE DISTRICT REGISTRIES ATTACHED TO THE COURT OF PROBATE.

JurisdictionUK Non-devolved
CitationSI 1904/5003
Year1904

1904 Unnumbered

SUPREME COURT, ENGLAND

RULES, ORDERS, AND INSTRUCTIONS AS TO PERSONAL APPLICATIONS FOR GRANTS OF PROBATE OR LETTERS OF ADMINISTRATION IN THE DISTRICT REGISTRIES ATTACHED TO THE COURT OF PROBATE.

[These Rules, Orders and Instructions (S.R. & O. Rev. 1904, XII, "Supreme Court, E.," p. 820) are printed as amended by Rules, dated December 21, 1928 (S.R. & O. 1928 (No. 972), p. 1228) and October 25, 1939 (S.R. & O. 1939 (No. 1514) II, p. 3123).]

1. Persons wishing to obtain grants of probate or letters of administration without the intervention of a proctor, solicitor, or attorney must apply at the district registry in person, and not by letter.

2. No such application will be received through an agent of any kind (whether paid or unpaid).

3. The applications of parties who are attended by a person acting or appearing to act as their adviser in the matter will not be entertained.

4. All fees are to be paid in advance in Probate Court stamps.

5. An application which has in the first instance been made through a proctor, solicitor, or attorney, cannot be afterwards treated as a personal application.

6. Applications for grants of probate or administration in cases which have already been before the Court (on motion or otherwise) will not be entertained as personal applications, but must be made through a proctor, solicitor, or attorney.

7. Whenever it becomes necessary, in the course of proceeding with a personal application, to obtain the directions of the Court, the application will not be proceeded with but must be placed in the hands of a proctor, solicitor, or attorney.

8. The papers necessary to lead the grant applied for will be prepared in the district registry. An applicant is, however, at liberty to bring such papers, or any of them, filled up, but not sworn to, and the same, if correct, may be received (the usual fee for perusal being charged). All further papers which may be required will be drawn in the district registry. Testamentary papers once deposited in the district registry will not be given out unless under special circumstances, and by permission of a registrar of the principal registry.

9. When it is necessary to administer an oath or take an affirmation, the party shall be sworn or affirmed before some proper authority of the principal registry, or of a district registry, unless otherwise permitted by the district registrar.

10. Every applicant for a first grant of probate or letters of administration...

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