--(1) Part 38 does not apply in relation to probate proceedings.
--(2) At any stage of the proceedings the court may, on the application of the claimant or of any party to the proceedings who has entered an appearance, order the proceedings to be discontinued or dismissed on such terms as to costs or otherwise as it thinks just, and may further order that a grant of probate of the will, or letters of administration of the estate, of the deceased person, as the case maybe, which is the subject of the proceedings, be made to the person entitled.
Notes
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