PART 1 | Citation and commencement (P. 1, r. 1) |
| 1. These Rules are the Family Justice (Probate and Other Matters) Rules 2024 and come into operation on 15 October 2024 at 12.01 a.m. |
| Transitional provisions and application (P. 1, r. 2) |
2.—(1) Subject to this Rule, these Rules apply to and in relation to all of the following proceedings in the Family Justice Courts which are commenced on or after 15 October 2024, including appeals arising from those proceedings:| (a) | any civil proceedings under the Inheritance (Family Provision) Act 1966; | | (b) | any civil proceedings for the distribution of an intestate estate in accordance with the Intestate Succession Act 1967; | | (c) | any civil proceedings under the Legitimacy Act 1934; | | (d) | any civil proceedings under the Probate and Administration Act 1934; | | (e) | any civil proceedings under the Wills Act 1838. |
(2) The Family Justice Rules 2014 (G.N. No. S 813/2014) (called the revoked Rules) as in force immediately before 15 October 2024 continue to apply to and in relation to —| (a) | any proceedings mentioned in paragraph (1) commenced before 15 October 2024; and | | (b) | any appeal heard by the Family Division against a decision of a Family Court which was made in proceedings mentioned in sub‑paragraph (a). |
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(3) Unless otherwise provided in these Rules, the following provisions of the Rules of Court 2021 (G.N. No. S 914/2021) apply with the necessary modifications to and in relation to all proceedings mentioned in paragraph (1): | | Order 6, except Rules 3(6), 6(5), (6) and (7), 7(7) and (8), 8(3) and 9(3) |
| | | | | | | Order 9, except Rules 6, 9(7)(e), (f), (g) and (m) and 17 |
| | | Order 10, except Rule 5(1)(b), (2) and (3) |
| | | | | | | | | Order 14, except Rules 1(6), 4(1)(c) and 12 |
| | | Order 15, except Rules 1 and 2 |
| | | Order 16, except Rule 2(6), (7), (8), (9) and (10) |
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(4) Without limiting paragraph (3), where the provisions of the Rules of Court 2021 mentioned in that paragraph apply to and in relation to any proceedings mentioned in paragraph (1), the references in the Rules of Court 2021 to a term specified in the first column of the following table are to be read as references to the term specified opposite in the second column of the table:| Term in Rules of Court 2021 |
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| | (a) | the Family Division or a judge sitting in the Family Division; |
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| | | (b) | a Family Court or a judge of a Family Court, whether sitting in court or in chambers; or |
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| | | (c) | in cases where he or she is empowered to act — the Registrar |
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| | | | | (a) | a judge of the Family Division; |
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| | | (b) | a judge of a Family Court; or |
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| | | (c) | in cases where he or she is empowered to act — the Registrar |
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| | | Registrar of the Family Justice Courts |
| | 5. | Registrar of the Supreme Court |
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| | Registrar of the Family Justice Courts |
| | | | | | | Bailiff in the Family Justice Courts |
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| (5) Despite any provision in these Rules providing that the revoked Rules are to apply to certain proceedings, the Court may direct that the provisions of Order 3, Rule 8, Order 8, Rule 2, Order 25, Rule 3(2) and Order 29A of the Rules of Court 2021 are to apply with suitable modifications to those proceedings. |
| (6) The First Schedule sets out the categories of cases to which specific provisions of these Rules do not apply, or apply with modifications. |
| (7) These Rules do not apply to any appeal against a decision of the Family Division which is heard in the Court of Appeal or Appellate Division. |
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| General definitions (P. 1, r. 3) |
3.—(1) Unless otherwise provided in these Rules —| “action” means proceedings commenced by an originating claim or an originating application; |
| “appellate Court” means the Court to which an appeal is brought or is being brought; |
| “Appellate Division” means the Appellate Division of the High Court; |
| “attend” includes the appearance by any person using electronic, mechanical or any other means permitted by the Court; |
| “bailiff” includes the Registrar, any clerk or other officer of the Court charged with the duties of a bailiff; |
| “case conference” means a case conference as described in Order 9, Rule 1 of the Rules of Court 2021; |
| “Civil Procedure Convention” means any of the conventions set out in the Second Schedule and includes any convention, treaty or agreement of any description or any provision of such convention, treaty or agreement between different States relating to civil procedure in the Court; |
| “claimant” includes a party in the position of a claimant in a counterclaim; |
| “counterclaim” has the same meaning as “statement of claim”; |
“Court” means —| (a) | the Family Division or a judge of the Family Division, whether sitting in court or in chambers; | | (b) | a Family Court or a judge of a Family Court, whether sitting in court or in chambers; or | | (c) | in cases where he or she is empowered to act — the Registrar; |
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| “court fees” has the meaning given by Part 17, Rule 1; |
| “defence” includes a defence to a counterclaim; |
| “defendant” includes a party in the position of a defendant in a counterclaim; |
| “entity” means any body of persons, whether incorporated or unincorporated; |
| “Family Division” means the Family Division of the High Court; |
| “Ideals” means the Ideals set out in Part 3, Rule 1(2); |
| “Judge” means a judge sitting in the Family Division or a judge of a Family Court and includes, in cases where he or she is empowered to act, a Registrar; |
| “lower Court” means the Court against which judgment or order an appeal is brought or being brought; |
| “non‑court day” means a Saturday, Sunday or public holiday; |
| “non‑party” means any person who is not a party in the action and includes a person who participates in the action because of a statutory duty or because he or she may be affected by the Court’s decision in the action; |
| “officer” means an officer of the Family Justice Courts; |
| “originating application” means an originating process by which an action is commenced in Court as described in Order 6, Rule 11 of the Rules of Court 2021; |
| “originating claim” means an originating process by which an action is commenced in Court as described in Order 6, Rule 5 of the Rules of Court 2021; |
| “originating process” means an originating claim or an originating application; |
| “pleading” includes a statement of claim, defence, defence and counterclaim, reply and reply to a defence and counterclaim; |
| “practice directions” means practice directions issued from time to time by the Registrar with the approval of the Presiding Judge of the Family Justice Courts; |
| “Registry” means the Registry of the Family Justice Courts; |
| “Rules” means the Family Justice (Probate and Other Matters) Rules 2024; |
| “sign” and “seal” by a Judge, the Registrar or other officer of the Family Justice Courts, include signing and sealing by electronic or other means; |
| “solicitor” has the meaning given by section 2(1) of the Legal Profession Act 1966 and includes the firm that the solicitor is in, and also includes the Attorney‑General, a Deputy Attorney‑General and a Solicitor‑General, where he or she is a party to or appears in any proceedings; |
| “statement of claim” means a statement setting out the material facts which constitute the cause of action; |
| “summons” means an application to Court in an action or appeal which has to be served on other parties or non‑parties or both; |
| “summons without notice” means an application to Court in an action or appeal which does not need to be served on anyone; |
| “third party” means a party brought into the action by the defendant because an indemnity or contribution is sought against the third party, and “fourth party” means a party brought into the proceedings by the third party, and further parties have corresponding meanings. |
| (2) Subject to paragraph (3), the Forms to be used for the purposes of these Rules are those set out in the practice directions, and any reference in these Rules to a numbered form (where such number may include alphanumeric characters) is to be construed as a reference to the current version of the form bearing the corresponding number which is set out in the practice directions. |
| (3) Where the provisions of the Rules of Court 2021 apply by virtue of Rule 2(3), the Forms to be used are those set out in practice directions issued from time to time under Order 26, Rule 2 of the Rules of Court 2021 by the Registrar of the Supreme Court with the approval of the Chief Justice with suitable modifications for use in the Family Justice Courts. |
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| Practice directions (P. 1, r. 4) |
| 4. The Registrar may issue practice directions in relation to any proceedings mentioned in rule 2(1) from time to time with the approval of the Presiding Judge of the Family Justice Courts. |
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