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

Coronavirus (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, has authorised District Probate registrars to allow statements of truth to be used in place of affidavits for non-contentious probate applications and processes during the coronavirus pandemic. The relevant rules which are affected by the guidance are: Non-Contentious Probate Rules 1987, SI 1987/2024, rr 12(1), 16, 19, 25(2), 26, 32(2), 44(12), 46(2), 46(4), 47(4), 47(6), 48(2)(a), 50(2), 51, 52, 53, 54(3) and 55(2). The guidance is valid until 30 July 2020 but may be made permanent by statutory instrument in future. See: LNB News 17/04/2020 92. For updates on key developments and related practical guidance on the implications of coronavirus for practitioners, see: Coronavirus (COVID-19) and Private Client—overview and Coronavirus (COVID-19) toolkit.

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