England and Wales · Tenancy and probate
What period and facts govern citation to an intermeddling executor in England and Wales?
Rule 47(3) permits this citation only after the six-month period expires and while no will-validity proceedings are pending. This is an earliest-permitted procedural step, not a deadline by which the executor automatically loses office. Intermeddling, estate interest and litigation history must be established.
- Period
- Rule 47(3) permits this citation only after the six-month period expires and while no will-validity proceedings are pending
- Trigger
- Expiry of six months from death and absence of pending proceedings about the will’s validity
- Rule
- Non-Contentious Probate Rules 1987 rule 47
The citation to an intermeddling executor 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 47. Rule 47(3) permits this citation only after the six-month period expires and while no will-validity proceedings are pending. This is an earliest-permitted procedural step, not a deadline by which the executor automatically loses office. Intermeddling, estate interest and litigation history must be established. The citation to an intermeddling executor source guide supplies no computed date or paid calculation.
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What period and facts govern citation to an intermeddling executor in England and Wales?
Rule 47(3) permits this citation only after the six-month period expires and while no will-validity proceedings are pending. This is an earliest-permitted procedural step, not a deadline by which the executor automatically loses office. Intermeddling, estate interest and litigation history must be established.
Responsible actor. The person interested in the estate seeking to cite an executor who has intermeddled.
Expiry of six months from death and absence of pending proceedings about the will’s validity
This is an earliest-permitted procedural step, not a deadline by which the executor automatically loses office. Intermeddling, estate interest and litigation history must be established.
The person interested in the estate seeking to cite an executor who has intermeddled. Rule 47(3) permits this citation only after the six-month period expires and while no will-validity proceedings are pending. This is an earliest-permitted procedural step, not a deadline by which the executor automatically loses office. Intermeddling, estate interest and litigation history must be established.
Non-Contentious Probate Rules 1987 rule 47How does this provision count time?
- Rule 47(3) permits this citation only after the six-month period expires and while no will-validity proceedings are pending
- Obtain settlement and issue of the proper citation, then serve it under rule 46.
- This is an earliest-permitted procedural step, not a deadline by which the executor automatically loses office. Intermeddling, estate interest and litigation history must be established.
Rule 47(3) permits this citation only after the six-month period expires and while no will-validity proceedings are pending. 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 citation to an intermeddling executor, 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 47Which facts prevent one automatic date?
Non-Contentious Probate Rules 1987 rule 47. Rule 47(3) permits this citation only after the six-month period expires and while no will-validity proceedings are pending. This is an earliest-permitted procedural step, not a deadline by which the executor automatically loses office. Intermeddling, estate interest and litigation history must be established. The citation to an intermeddling executor source guide supplies no computed date or paid calculation.
The person interested in the estate seeking to cite an executor who has intermeddled has records of expiry of six months from death and absence of pending proceedings about the will’s validity. Rule 47(3) permits this citation only after the six-month period expires and while no will-validity proceedings are pending. Obtain settlement and issue of the proper citation, then serve it under rule 46. This is an earliest-permitted procedural step, not a deadline by which the executor automatically loses office. Intermeddling, estate interest and litigation history must be established. Establish the complete citation to an intermeddling executor branch before selecting an endpoint.
The proposed citation to an intermeddling executor completion encounters a closed office, weekend or disputed effective event. Rule 47(3) permits this citation only after the six-month period expires and while no will-validity proceedings are pending. 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 citation to an intermeddling executor, 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 citation to an intermeddling executor under the actual source. No substitute date is computed.
This is an earliest-permitted procedural step, not a deadline by which the executor automatically loses office. Intermeddling, estate interest and litigation history must be established. Expiry of six months from death and absence of pending proceedings about the will’s validity. Rule 47(3) permits this citation only after the six-month period expires and while no will-validity proceedings are pending. Obtain settlement and issue of the proper citation, then serve it under rule 46. Preserve this citation to an intermeddling executor qualification before relying on a purported final date.
Which conditions and exceptions apply?
- Actor and completed citation to an intermeddling executor step
- The person interested in the estate seeking to cite an executor who has intermeddled. Obtain settlement and issue of the proper citation, then serve it under rule 46.
- Controlling citation to an intermeddling executor event and material branch
- Expiry of six months from death and absence of pending proceedings about the will’s validity. This is an earliest-permitted procedural step, not a deadline by which the executor automatically loses office. Intermeddling, estate interest and litigation history must be established.
- Counting and completion for citation to an intermeddling executor
- Rule 47(3) permits this citation only after the six-month period expires and while no will-validity proceedings are pending. 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 citation to an intermeddling executor, 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 interested in the estate seeking to cite an executor who has intermeddled. Rule 47(3) permits this citation only after the six-month period expires and while no will-validity proceedings are pending. This is an earliest-permitted procedural step, not a deadline by which the executor automatically loses office. Intermeddling, estate interest and litigation history must be established.
- Citation to an intermeddling executor concerns obtain settlement and issue of the proper citation, then serve it under rule 46. Its expiry of six months from death and absence of pending proceedings about the will’s validity 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 citation to an intermeddling executor in England and Wales?
What period governs citation to an intermeddling executor?
Rule 47(3) permits this citation only after the six-month period expires and while no will-validity proceedings are pending. This is an earliest-permitted procedural step, not a deadline by which the executor automatically loses office. Intermeddling, estate interest and litigation history must be established.
Non-Contentious Probate Rules 1987 rule 47Which event controls citation to an intermeddling executor?
Expiry of six months from death and absence of pending proceedings about the will’s validity. The person interested in the estate seeking to cite an executor who has intermeddled must preserve the event evidence.
Non-Contentious Probate Rules 1987 rule 47What completes citation to an intermeddling executor?
Obtain settlement and issue of the proper citation, then serve it under rule 46. The completion must match the actual source procedure.
Non-Contentious Probate Rules 1987 rule 47Does the executor lose the right to act at six months automatically?
No. Rule 47(3) permits an interested person to initiate the citation procedure after that threshold. Later court orders and applications are separate steps.
Non-Contentious Probate Rules 1987 rule 47Can the citation issue while the will’s validity is being litigated?
No. Rule 47(3) expressly prohibits this citation while such proceedings are pending.
Non-Contentious Probate Rules 1987 rule 47What if the cited executor neither appears nor takes a grant?
Rules 47(5) to (7) prescribe different later applications depending on appearance and prosecution. The court can order a grant within a specified time.
Non-Contentious Probate Rules 1987 rule 47Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| Non-Contentious Probate Rules 1987 rule 47 | Check the identified procedure, event, counting rule or qualification |
| Non-Contentious Probate Rules 1987 rule 46 | 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 |