Rules 45, 46, 47 and 49 of Non-Contentious Probate Rules can be used in the course of estate administration to assist the personal representatives or the beneficiaries to resolve outstanding matters in a timely fashion.
These are generally referred to as citations, and a citation is simply a summons. Rule 45 applies.
There are three types of citations for use in pre grant proceedings :
i. A citation to accept or refuse probate ; Rule 46 applies.
ii. A citation to propound a will ; Rule 47 applies.
iii. A court order to bring in a will or to attend for examination ; Rule 49 applies.
Citation and Caveat are often used hand in hand.
Litigants in estate matters are often extremely uncooperative and secretive. The use of the appropriate citation can often bring a satisfactory result in a short period of time, by reason of the threat of contempt of court proceedings, or alternatively, in effect, a ‘default judgment’ if the citation is ignored.