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England and Wales · Tenancy and probate

What period and facts govern lodging the grant in rectification in England and Wales?

PD 57 paragraph 10.2 ordinarily requires lodging the grant within 14 days after service unless the court orders otherwise. Possession or control is a prerequisite. The grant-lodging act is separate from acknowledgment, evidence and an order sending the eventual rectification decision to the probate registry.

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Period
PD 57 paragraph 10.2 ordinarily requires lodging the grant within 14 days after service unless the court orders otherwise
Trigger
Effective service of the claim form on that defendant
Rule
Practice Direction 57 paragraph 10.2
Practice Direction 57 paragraph 10.2

The lodging the grant in rectification 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.

Source guide · No automated date

Check the applicable procedure

Practice Direction 57 paragraph 10.2. PD 57 paragraph 10.2 ordinarily requires lodging the grant within 14 days after service unless the court orders otherwise. Possession or control is a prerequisite. The grant-lodging act is separate from acknowledgment, evidence and an order sending the eventual rectification decision to the probate registry. The lodging the grant in rectification source guide supplies no computed date or paid calculation.

Practice Direction 57 paragraph 10.2

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What period and facts govern lodging the grant in rectification in England and Wales?

PD 57 paragraph 10.2 ordinarily requires lodging the grant within 14 days after service unless the court orders otherwise. Possession or control is a prerequisite. The grant-lodging act is separate from acknowledgment, evidence and an order sending the eventual rectification decision to the probate registry.

Responsible actor. The defendant who possesses or controls probate or letters of administration in a rectification claim.

Effective service of the claim form on that defendant

Possession or control is a prerequisite. The grant-lodging act is separate from acknowledgment, evidence and an order sending the eventual rectification decision to the probate registry.

The defendant who possesses or controls probate or letters of administration in a rectification claim. PD 57 paragraph 10.2 ordinarily requires lodging the grant within 14 days after service unless the court orders otherwise. Possession or control is a prerequisite. The grant-lodging act is separate from acknowledgment, evidence and an order sending the eventual rectification decision to the probate registry.

Practice Direction 57 paragraph 10.2

How does this provision count time?

  1. PD 57 paragraph 10.2 ordinarily requires lodging the grant within 14 days after service unless the court orders otherwise
  2. Lodge the probate or letters of administration in the relevant office.
  3. Possession or control is a prerequisite. The grant-lodging act is separate from acknowledgment, evidence and an order sending the eventual rectification decision to the probate registry.

PD 57 paragraph 10.2 ordinarily requires lodging the grant within 14 days after service unless the court orders otherwise. CPR 2.8 supplies the procedural counting framework, subject to the particular modification. Effective service of the claim form on that defendant.

For lodging the grant in rectification, establish effective service, any destination-specific period and the actual order. CPR 2.8(5) concerns acts at a closed court office; it does not automatically extend every act of service.

Practice Direction 57 paragraph 10.2

Which facts prevent one automatic date?

Practice Direction 57 paragraph 10.2. PD 57 paragraph 10.2 ordinarily requires lodging the grant within 14 days after service unless the court orders otherwise. Possession or control is a prerequisite. The grant-lodging act is separate from acknowledgment, evidence and an order sending the eventual rectification decision to the probate registry. The lodging the grant in rectification source guide supplies no computed date or paid calculation.

ResultRead the operative provision and establish the applicable branch.

The defendant who possesses or controls probate or letters of administration in a rectification claim has records of effective service of the claim form on that defendant. PD 57 paragraph 10.2 ordinarily requires lodging the grant within 14 days after service unless the court orders otherwise. Lodge the probate or letters of administration in the relevant office. Possession or control is a prerequisite. The grant-lodging act is separate from acknowledgment, evidence and an order sending the eventual rectification decision to the probate registry. Establish the complete lodging the grant in rectification branch before selecting an endpoint.

The proposed lodging the grant in rectification completion encounters a closed office, weekend or disputed effective event. PD 57 paragraph 10.2 ordinarily requires lodging the grant within 14 days after service unless the court orders otherwise. CPR 2.8 supplies the procedural counting framework, subject to the particular modification. Effective service of the claim form on that defendant. For lodging the grant in rectification, establish effective service, any destination-specific period and the actual order. CPR 2.8(5) concerns acts at a closed court office; it does not automatically extend every act of service. Resolve effective completion for lodging the grant in rectification under the actual source. No substitute date is computed.

Possession or control is a prerequisite. The grant-lodging act is separate from acknowledgment, evidence and an order sending the eventual rectification decision to the probate registry. Effective service of the claim form on that defendant. PD 57 paragraph 10.2 ordinarily requires lodging the grant within 14 days after service unless the court orders otherwise. Lodge the probate or letters of administration in the relevant office. Preserve this lodging the grant in rectification qualification before relying on a purported final date.

Which conditions and exceptions apply?

Actor and completed lodging the grant in rectification step
The defendant who possesses or controls probate or letters of administration in a rectification claim. Lodge the probate or letters of administration in the relevant office.
Controlling lodging the grant in rectification event and material branch
Effective service of the claim form on that defendant. Possession or control is a prerequisite. The grant-lodging act is separate from acknowledgment, evidence and an order sending the eventual rectification decision to the probate registry.
Counting and completion for lodging the grant in rectification
PD 57 paragraph 10.2 ordinarily requires lodging the grant within 14 days after service unless the court orders otherwise. CPR 2.8 supplies the procedural counting framework, subject to the particular modification. Effective service of the claim form on that defendant. For lodging the grant in rectification, establish effective service, any destination-specific period and the actual order. CPR 2.8(5) concerns acts at a closed court office; it does not automatically extend every act of service.
Practice Direction 57 paragraph 10.2
  • The defendant who possesses or controls probate or letters of administration in a rectification claim. PD 57 paragraph 10.2 ordinarily requires lodging the grant within 14 days after service unless the court orders otherwise. Possession or control is a prerequisite. The grant-lodging act is separate from acknowledgment, evidence and an order sending the eventual rectification decision to the probate registry.
  • Lodging the grant in rectification concerns lodge the probate or letters of administration in the relevant office. Its effective service of the claim form on that defendant 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 lodging the grant in rectification in England and Wales?

What period governs lodging the grant in rectification?

PD 57 paragraph 10.2 ordinarily requires lodging the grant within 14 days after service unless the court orders otherwise. Possession or control is a prerequisite. The grant-lodging act is separate from acknowledgment, evidence and an order sending the eventual rectification decision to the probate registry.

Practice Direction 57 paragraph 10.2

Which event controls lodging the grant in rectification?

Effective service of the claim form on that defendant. The defendant who possesses or controls probate or letters of administration in a rectification claim must preserve the event evidence.

Practice Direction 57 paragraph 10.2

What completes lodging the grant in rectification?

Lodge the probate or letters of administration in the relevant office. The completion must match the actual source procedure.

Practice Direction 57 paragraph 10.2

Does every defendant have to lodge a document they do not control?

PD 57 paragraph 10.2 applies where the defendant has the grant in possession or under control. Establish that fact rather than impose an impossible document obligation.

Practice Direction 57 paragraph 10.2

Can a court direction change the ordinary lodging period?

Yes. Paragraph 10.2 expressly says unless the court orders otherwise. Retain the actual order rather than assume an extension.

Practice Direction 57 paragraph 10.2

Is lodging the grant the same as recording the rectification order?

No. PD 57 paragraph 11 separately requires sending the order to the Principal Registry and endorsing or annexing a memorandum to the grant.

Practice Direction 57 paragraph 11

Official sources and review

Provisions used (4)
Provisions used in this guide
ProvisionPurpose
Practice Direction 57 paragraph 10.2Check the identified procedure, event, counting rule or qualification
CPR rule 57.9Check the identified procedure, event, counting rule or qualification
CPR rule 2.8Check the identified procedure, event, counting rule or qualification
Practice Direction 57 paragraph 11Check the identified procedure, event, counting rule or qualification
Read the official controlling provision

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