When no specific summons template is available, use these templates for the application. This refers to matters in probate proceedings to be determined by a judicial officer.
Use these templates where a judicial officer is required to determine an issue arising in a probate proceeding and no specific summons template applies.
These templates should not be used to provide additional information in response to a request for further information or to ask the Probate Office to consider a matter administratively, unless the Probate Office has specifically advised that a summons must be filed.
These templates provide a general summons that may be used where an issue in a probate proceeding requires determination by a judicial officer and no other summons template is available for the application.
Examples include applications:
- to add a party to a proceeding;
- to remove a party from a proceeding;
- to strike out grounds of objection; or
- to strike out grounds relied upon in support of an application for revocation.
These templates should only be used where no other summons template is available.
Separate summons templates are available for caveat directions, applications for commission, applications to rectify a will, applications to revoke a grant and applications relating to an informal will. Refer to the related templates listed below.
Summons (no respondent)
Use this template where there is no respondent to the application.
This template will most commonly be used where the Probate Office has advised that an application must be made to a judicial officer before the proceeding can continue.
Examples include applications to:
- add a party to a proceeding; or
- remove a party from a proceeding.
Summons (contested)
Use this template where the application is made in a contested proceeding and another party may be affected by the orders sought.
Examples include applications:
- to strike out grounds of objection; or
- to strike out grounds relied upon in support of an application for revocation.
When completing the summons, a return date for directions must be included.
The return date must be a List directions day that is at least 28 days after the summons is filed.
Available directions days are published on the Trusts, Equity and Probate List web page.
You do not need to request a hearing date from the Court before filing the summons.
The following templates are available for specific applications within a probate proceeding and may also be relevant:
Those templates should be used where they apply.
This summons should only be used where a party seeks a determination from a judicial officer and no other summons template is available for the application.
Important information
The first hearing is usually for directions only. The Court will not usually determine the final outcome of the application at that hearing.
For information about filing requirements and hearing dates, see Practice Note SC CL 6 – Trusts, Equity and Probate List.
These documents are provided for information only and do not constitute legal advice.
The Probate Office can provide these documents but cannot advise what orders should be sought or assist with preparing a summons.
If you need assistance, you should obtain legal advice.