--(1) Part 12 does not apply to probate proceedings.
--(2) Where any of several defendants to probate proceedings fails to enter an appearance or to file and serve a defence, the claimant may-
----(a) after the time for entering an appearance or filing a defence has expired; and
----(b) upon filing an affidavit proving due service of the claim form and statement of case on that defendant,
--proceed with the claim as if that defendant had entered an appearance.
--(3) Where the defendant, or all the defendants, to probate proceedings, fails or fail to enter an appearance or file and serve a defence, then, unless on the application of the claimant the court orders the claim to be dismissed or discontinued, the claimant may, after the time limited for entering an appearance, or for serving a defence, by the defendant, apply to the court for an order for trial of the proceedings.
--(4) Before applying for an order under paragraph (3) the claimant must file an affidavit proving due service of the claim form and his statement of case on the defendant.
--(5) An application under paragraph (3) must be dealt with at the first hearing.
--(6) Where the court grants an order under paragraph (3), it may direct the proceedings to be tried on affidavit evidence.
Notes
Back to Part (72. Contentious Probate Proceedings)