Page 1167 - IOM Law Society Rules Book

PART 13: SPECIAL TYPES OF CLAIM

(c) pronounce for or against the validity of one or more wills under section 34 of
the 1990 Act.
(2) An application under section 34 of the 1990 Act must be supported by written
evidence identifying the relevant beneficiaries and exhibiting the written consent of each of
them, in addition to the written evidence of testamentary documents required by rule 13.20.

13.30 Application for an order to bring in a will, etc. (PD57.7)
(1) Any party applying for an order under section 13 of the 1990 Act must serve
the application notice on the person against whom the order is sought.
(2) An application for the issue of a witness summons under section 14 of the
1990 Act —
(a) may be made without notice; and
(b) must be supported by written evidence setting out the grounds of the
application.
(3) A person against whom a witness summons is issued under section 14 of the
1990 Act who denies that the testamentary document referred to in the witness summons is in
his possession or under his control must file written evidence to that effect.

13.31 Administration pending determination of probate claim (PD57.8)
(1) An application under section 22 of the 1990 Act for an order for the grant of
administration pending the determination of a probate claim must be made by application
notice in the probate claim.
(2) If an order for a grant of administration is made under section 22 of the 1990
Act —
(a) rules 12.18 to 12.21 apply as if the administrator were a receiver appointed
by the court;
(b) if the court allows the administrator remuneration under rule 12.21, it may
make an order under section 33 of the 1990 Act assigning the remuneration
out of the estate of the deceased; and
(c) every application relating to the conduct of the administration shall be made
by application notice in the probate claim.
(3) The appointment of an administrator to whom letters of administration are
granted following an order under section 22 of the 1990 Act shall cease automatically when a
final order in the probate claim is made but shall continue pending any appeal.

13.32 Rectification of wills (57.12, PD57.10)
(1) This rule applies to an application for rectification of a will under section 20
of the Wills Act 1985.
(2) Every personal representative of the estate must be joined as a party.

(3) If the claimant is the person to whom the grant was made in respect of the
will of which rectification is sought, he must, unless the court orders otherwise, file the
probate or letters of administration with the will annexed when the claim form is issued.
(4) If a defendant has the probate or letters of administration in his possession or
under his control, he must, unless the court orders otherwise, file it within 14 days after the
service of the claim form on him.

13.33 Substitution and removal of personal representatives (57.13, PD57.13, 14)
(1) This rule applies to claims and applications for the substitution or removal of
a personal representative under section 8 of the 1990 Act.
(2) Every personal representative of the estate must be joined as a party.

Page 13-11