Probate actions—citations
Probate actions—citations

The following Wills & Probate guidance note provides comprehensive and up to date legal information covering:

  • Probate actions—citations
  • Citation to accept or refuse a grant
  • Citation to take probate
  • Citation to propound a Will
  • Procedure
  • Appearance

A citation is issued under the seal of the Principal Registry of the Family Division or a district probate registry. It contains the reason for its issue and the interest of the party extracting it (the citor).

The citation calls upon the party cited (the citee) to enter an appearance and to take specified steps failing which the court will grant representation to the citor or another person.

The Non-Contentious Probate Rules 1987, SI 1987/2024 provide for three types of citation:

  1. citation to accept or refuse a grant

  2. citation to take probate

  3. citation to propound a Will

The citation is used in non-contentious probate matters but it can be used as a tactic to persuade those against whom the citation is directed to negotiate a settlement.

Rather than issue a citation, if all that is required is to force the executor of a Will to prove or renounce probate of that Will, the High Court may issue a summons against that person to do that.

Citation to accept or refuse a grant

A citation to accept or refuse a grant may be issued by anyone who would be entitled to a grant if the person cited renounced their right.

When a person who has the prior right to take a grant, delays or declines to take a grant, but will not renounce