880 Costs payable to solicitor where money recovered by or on behalf of minor, etc. —(1) In an action for the revocation of the grant of probate of the will, or letters of administration of the estate, of a deceased person, a citation against the person to whom the probate or letters of administration, as the case may be, was or were granted requiring him to bring into and leave at the Registry the probate or letters of administration, as the case may be, may be issued on the plaintiff’s application. that some part of the estate, specifying it, was held in the other name, or as to any other reason that there may be for the inclusion of the other name in the grant. If you are not familiar with how our forms work, you may want to read our user guide. Kentucky Court of Justice Resources and Information. —(1) Where the person to whom a grant would otherwise be made is an infant, administration for his use and benefit until he attains the age of 21 years shall, subject to paragraphs (3), (4) and (6), be granted —, —(1) Where one of 2 or more executors is an infant —, Grants in case of lack of mental capacity or of physical incapacity, —(1) Where the Registrar is satisfied that a person entitled to a grant (called in this rule the relevant person) is, by reason of lack of capacity (within the meaning of the Mental Capacity Act (Cap. 477 Failure to comply with requirement for discovery, etc. All rights reserved. Please check the legislation timeline to ensure that you are viewing the correct legislation version. 620 Appointment of time and place for examination, 626 Time taken by examination to be endorsed on depositions, 630 Appointment of expert to report on certain question, 644 Affidavit by illiterate or blind person, 647 Scandalous, etc., matter in affidavits. 34E Power of Court to make subsequent order, etc. (4) Paragraph (3) shall not apply to the period within which —, any action or matter is required to be set down for trial or hearing; or. (4) Despite paragraph (3), leave may be given only in exceptional circumstances to an executor to retract a renunciation of probate after a grant has been made to some other person entitled in a lower degree. Family Family justice system. No. To locate a court in your area, please see the List of Ontario Court Addresses on the Ministry of the Attorney General’s website. 649 Affidavit not to be sworn before solicitor of party, etc. may, if he is doubtful whether the will was duly executed, refer the matter to the Court. (2) Where the act is required to be done within a specified period after or from a specified date, the period begins immediately after that date. Construction of references to action, etc., for possession of immovable property, Construction of references to party, etc., in person, —(1) In these Rules, for the purposes of any relevant matter or proceeding, unless the context otherwise requires —, —(1) Where, in beginning or purporting to begin any proceedings or at any stage in the course of or in connection with any proceedings, there has, by reason of anything done or left undone, been a failure to comply with any requirements of these Rules, the failure —, Application to set aside for irregularity, —(1) An application to set aside for irregularity of any proceedings, any step taken in any proceedings, or any document, judgment or order in any proceedings, shall not be allowed unless the application is made —. 34F Termination of parenting coordination programme, 35 Examination of child with leave of Court, 36 Examination of child directed by Court, 40 Application for leave under section 121D, 42 Filing of affidavits in originating summons or summons, 47 Co‑defendant and person named in statement of claim, 55 Consent to grant of judgment of divorce, 58 Contents and delivery of defence and subsequent pleadings. to the person entrusted with the administration of the estate by the Court having jurisdiction at the place where the deceased died domiciled; to the person entitled to administer the estate by the law of the place where the deceased died domiciled; if there is no such person as is mentioned in sub‑paragraph (, if, by virtue of section 6, a grant is required to be made to, or if the Registrar in his discretion considers that a grant should be made to, not less than 2 administrators, to such person as the Registrar may direct jointly with any such person as is mentioned in sub‑paragraph (, (2) Despite paragraph (1), where there is no such application referred to in that paragraph —, probate of any will which is admissible to proof may be granted —, if the will is in the English language, to the executor named in the will; or, if the will describes the duties of a named person in terms sufficient to constitute him as an executor according to the tenor of the will, to that person; and. 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