England and Wales · Tenancy and probate
What period and facts govern appearance to a probate citation in England and Wales?
Rule 46(6) permits appearance within eight days inclusive of service day, or later if no rule 47(5) or 48(2) application has been made. The eight-day period is inclusive and has a later-appearance branch. Actual service directions and subsequent applications cannot be inferred from one date.
- Period
- Rule 46(6) permits appearance within eight days inclusive of service day, or later if no rule 47(5) or 48(2) application has been made
- Trigger
- Effective service of the citation and the subsequent absence of the specified citor application
- Rule
- Non-Contentious Probate Rules 1987 rule 46
The appearance to a probate citation guide uses the complete official current source bodies retained in this review. Territorial alternatives, commencement, saved cases, actual orders and underlying document facts remain material. Full originals control the derived provision extracts. NCPR rule 3’s historical RSC incorporation is identified rather than represented as fully acquired or numerically qualified.
Source guide · No automated date
Check the applicable procedure
Non-Contentious Probate Rules 1987 rule 46. Rule 46(6) permits appearance within eight days inclusive of service day, or later if no rule 47(5) or 48(2) application has been made. The eight-day period is inclusive and has a later-appearance branch. Actual service directions and subsequent applications cannot be inferred from one date. The appearance to a probate citation source guide supplies no computed date or paid calculation.
Non-Contentious Probate Rules 1987 rule 46What lawyers say
5.0“The platform is really easy to use.”
Michael B.Employment litigation attorney · California
“The Evidence Record saved us time with our insurance on bankruptcy matters.”
MariaBankruptcy and commercial attorney · London, UK
“The most up-to-date service we could find.”
Li ChenArbitration practitioner · Singapore
What period and facts govern appearance to a probate citation in England and Wales?
Rule 46(6) permits appearance within eight days inclusive of service day, or later if no rule 47(5) or 48(2) application has been made. The eight-day period is inclusive and has a later-appearance branch. Actual service directions and subsequent applications cannot be inferred from one date.
Responsible actor. The person personally served with a settled and issued probate citation, unless another service mode was directed.
Effective service of the citation and the subsequent absence of the specified citor application
The eight-day period is inclusive and has a later-appearance branch. Actual service directions and subsequent applications cannot be inferred from one date.
The person personally served with a settled and issued probate citation, unless another service mode was directed. Rule 46(6) permits appearance within eight days inclusive of service day, or later if no rule 47(5) or 48(2) application has been made. The eight-day period is inclusive and has a later-appearance branch. Actual service directions and subsequent applications cannot be inferred from one date.
Non-Contentious Probate Rules 1987 rule 46How does this provision count time?
- Rule 46(6) permits appearance within eight days inclusive of service day, or later if no rule 47(5) or 48(2) application has been made
- File Form 5 in the issuing registry and serve the sealed copy on the citor forthwith.
- The eight-day period is inclusive and has a later-appearance branch. Actual service directions and subsequent applications cannot be inferred from one date.
Rule 46(6) permits appearance within eight days inclusive of service day, or later if no rule 47(5) or 48(2) application has been made. NCPR rule 3 imports the specified pre-April 26, 1999 Rules of the Supreme Court, subject to the probate rules and enactments. The express inclusive wording and actual registry event take priority.
For appearance to a probate citation, preserve the actual registry’s receipt and filing history. The imported historical counting provisions and office calendar require separate verification; this guide does not assume the CPR applies or calculate a closed-day extension.
Non-Contentious Probate Rules 1987 rule 46Which facts prevent one automatic date?
Non-Contentious Probate Rules 1987 rule 46. Rule 46(6) permits appearance within eight days inclusive of service day, or later if no rule 47(5) or 48(2) application has been made. The eight-day period is inclusive and has a later-appearance branch. Actual service directions and subsequent applications cannot be inferred from one date. The appearance to a probate citation source guide supplies no computed date or paid calculation.
The person personally served with a settled and issued probate citation, unless another service mode was directed has records of effective service of the citation and the subsequent absence of the specified citor application. Rule 46(6) permits appearance within eight days inclusive of service day, or later if no rule 47(5) or 48(2) application has been made. File Form 5 in the issuing registry and serve the sealed copy on the citor forthwith. The eight-day period is inclusive and has a later-appearance branch. Actual service directions and subsequent applications cannot be inferred from one date. Establish the complete appearance to a probate citation branch before selecting an endpoint.
The proposed appearance to a probate citation completion encounters a closed office, weekend or disputed effective event. Rule 46(6) permits appearance within eight days inclusive of service day, or later if no rule 47(5) or 48(2) application has been made. NCPR rule 3 imports the specified pre-April 26, 1999 Rules of the Supreme Court, subject to the probate rules and enactments. The express inclusive wording and actual registry event take priority. For appearance to a probate citation, preserve the actual registry’s receipt and filing history. The imported historical counting provisions and office calendar require separate verification; this guide does not assume the CPR applies or calculate a closed-day extension. Resolve effective completion for appearance to a probate citation under the actual source. No substitute date is computed.
The eight-day period is inclusive and has a later-appearance branch. Actual service directions and subsequent applications cannot be inferred from one date. Effective service of the citation and the subsequent absence of the specified citor application. Rule 46(6) permits appearance within eight days inclusive of service day, or later if no rule 47(5) or 48(2) application has been made. File Form 5 in the issuing registry and serve the sealed copy on the citor forthwith. Preserve this appearance to a probate citation qualification before relying on a purported final date.
Which conditions and exceptions apply?
- Actor and completed appearance to a probate citation step
- The person personally served with a settled and issued probate citation, unless another service mode was directed. File Form 5 in the issuing registry and serve the sealed copy on the citor forthwith.
- Controlling appearance to a probate citation event and material branch
- Effective service of the citation and the subsequent absence of the specified citor application. The eight-day period is inclusive and has a later-appearance branch. Actual service directions and subsequent applications cannot be inferred from one date.
- Counting and completion for appearance to a probate citation
- Rule 46(6) permits appearance within eight days inclusive of service day, or later if no rule 47(5) or 48(2) application has been made. NCPR rule 3 imports the specified pre-April 26, 1999 Rules of the Supreme Court, subject to the probate rules and enactments. The express inclusive wording and actual registry event take priority. For appearance to a probate citation, preserve the actual registry’s receipt and filing history. The imported historical counting provisions and office calendar require separate verification; this guide does not assume the CPR applies or calculate a closed-day extension.
- The person personally served with a settled and issued probate citation, unless another service mode was directed. Rule 46(6) permits appearance within eight days inclusive of service day, or later if no rule 47(5) or 48(2) application has been made. The eight-day period is inclusive and has a later-appearance branch. Actual service directions and subsequent applications cannot be inferred from one date.
- Appearance to a probate citation concerns file Form 5 in the issuing registry and serve the sealed copy on the citor forthwith. Its effective service of the citation and the subsequent absence of the specified citor application must be established independently of a neighboring procedure’s event.
What must the responsible actor complete?
Questions about this procedure
What period and facts govern appearance to a probate citation in England and Wales?
What period governs appearance to a probate citation?
Rule 46(6) permits appearance within eight days inclusive of service day, or later if no rule 47(5) or 48(2) application has been made. The eight-day period is inclusive and has a later-appearance branch. Actual service directions and subsequent applications cannot be inferred from one date.
Non-Contentious Probate Rules 1987 rule 46Which event controls appearance to a probate citation?
Effective service of the citation and the subsequent absence of the specified citor application. The person personally served with a settled and issued probate citation, unless another service mode was directed must preserve the event evidence.
Non-Contentious Probate Rules 1987 rule 46What completes appearance to a probate citation?
File Form 5 in the issuing registry and serve the sealed copy on the citor forthwith. The completion must match the actual source procedure.
Non-Contentious Probate Rules 1987 rule 46Does the citation service day count?
Yes. Rule 46(6) expressly includes it. The source is not an eight-clear-day rule.
Non-Contentious Probate Rules 1987 rule 46Can a cited person appear after eight days?
The rule permits appearance later if the citor has not made the specified application. Verify the actual application history.
Non-Contentious Probate Rules 1987 rule 46Is ordinary postal service always sufficient for a citation?
Rule 46(4) requires personal service unless the court directs another mode on the required evidence. Preserve the actual direction and service facts.
Non-Contentious Probate Rules 1987 rule 46Official sources and review
Provisions used (4)
| Provision | Purpose |
|---|---|
| Non-Contentious Probate Rules 1987 rule 46 | Check the identified procedure, event, counting rule or qualification |
| Non-Contentious Probate Rules 1987 rule 47 | Check the identified procedure, event, counting rule or qualification |
| Non-Contentious Probate Rules 1987 rule 48 | Check the identified procedure, event, counting rule or qualification |
| Non-Contentious Probate Rules 1987 rule 3 | Check the identified procedure, event, counting rule or qualification |