Page 1166 - IOM Law Society Rules Book

RULES OF THE HIGH COURT OF JUSTICE

(b) upon filing written evidence of service of the claim form and (if no
particulars of claim were contained in or served with the claim form) the
particulars of claim on that defendant;
proceed with the probate claim as if that defendant had acknowledged service.

(3) If no defendant acknowledges service or files a defence then, unless on the
application of the claimant the court orders the claim to be discontinued, the claimant may,
after the time for acknowledging service or for filing a defence (as the case may be) has
expired, apply to the court for an order that the claim is to proceed to trial.

(4) When making an application under paragraph (3) the claimant must file
written evidence of service of the claim form and (if no particulars of claim were contained in
or served with the claim form) the particulars of claim on each of the defendants.
(5) Where the court makes an order under paragraph (3), it may direct that the
claim be tried on written evidence.

13.26 Probate claims: case management (PD57.4)
In giving directions in a probate claim the court shall give consideration to the
questions —
(a) whether any person who may be affected by the claim and who is not joined
as a party should be joined as a party or given notice of the claim, whether
under rule 3.27 or otherwise; and
(b) whether to make a representation order under rule 3.28 or 3.29.

13.27 Discontinuance and dismissal of probate claim (57.11)
(1) Chapter 8 of Part 7 does not apply to probate claims.
(2) At any stage of a probate claim the court, on the application of the claimant
or of any defendant who has acknowledged service, may order that —
(a) the claim be discontinued or dismissed on such terms as to costs or otherwise
as it thinks just; and
(b) a grant of probate of the will, or letters of administration of the estate, of the
deceased person be made to the person entitled to the grant.

13.28 Summary judgment (PD57.5)
(1) If an order pronouncing for a will in solemn form is sought on an application
for summary judgment under Chapter 6 of Part 10, the evidence in support of the application
must include written evidence proving due execution of the will.
(2) If a defendant has given notice in his defence under rule 13.22(5) that he
raises no positive case but —
(a) he insists that the will be proved in solemn form; and
(b) for that purpose he will cross-examine the witnesses who attested the will;
any application by the claimant for summary judgment is subject to the right of that defendant
to require those witnesses to attend court for cross-examination.
13.29 Settlement of a probate claim (PD57.6)
(1) If at any time the parties agree to settle a probate claim, the court may —
(a) order the trial of the claim on written evidence, which shall lead to a grant in
solemn form;
(b) order that the claim be discontinued or dismissed under rule 13.27, which
shall lead to a grant in common form; or

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