Page 1163 - IOM Law Society Rules Book

PART 13: SPECIAL TYPES OF CLAIM

13.16 Powers of court (RSC 17.7, 8, 11)
(1) Where a defendant to a claim applies for relief under this Chapter in the
claim, the court may by order stay all further proceedings in the claim.
(2) Where the court determines any issue in proceedings under this Chapter, it
may give such judgment or make such order as finally to dispose of all questions arising in
the proceedings.
(3) Subject to the foregoing rules of this Chapter, the court may in or for the
purposes of any proceedings under this Chapter make such order as to costs or any other
matter as it thinks just.
CHAPTER 4: PROBATE, WILLS, ESTATES AND TRUSTS

13.17 Scope of this Chapter (57.1)
(1) This Chapter contains rules about —
(a) probate claims;
(b) claims for the rectification of wills;
(c) claims and applications —

(i) to substitute another person for a personal representative; or
(ii) to remove a personal representative; and
(d) claims under the Inheritance (Provision for Family and Dependants) Act
1982;
(e) claims for the court to determine, or for its opinion, advice or direction on,
any question arising in —
(i) the administration of the estate of a deceased person; or
(ii) the management, administration or execution of a trust;
(f) claims for the administration of the estate of a deceased person, or the
execution of a trust, to be carried out under the direction of the court;
(g) claims under the Variation of Trusts Act 1961;
(h) claims under the Charities Act 1962; and
(i) claims under section 51 of the High Court Act 1991 (action authorised in
reliance on counsel’s opinion).
(2) In this Chapter —
‘the 1990 Act’ means the Administration of Estates Act 1990 ;
‘probate claim’ means a claim for —
(a) the grant of probate of the will, or letters of administration of the estate, of a
deceased person;
(b) the revocation of such a grant; or

(c) a decree pronouncing for or against the validity of an alleged will;
not being a claim which is non-contentious or common form probate business;
‘testamentary document’ means a will, a draft of a will, written instructions for a will
made by or at the request of, or under the instructions of, the testator, and any
document purporting to be evidence of the contents, or to be a copy, of a will which is
alleged to have been lost or destroyed;
‘will’ includes a codicil.
13.18 Allocation of probate claim etc. (57.2, PD57.2)
(1) A probate claim shall be allocated to the ordinary procedure.

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