Substitution or removal of a personal representative under AJA 1985, s. 50 is often sought by application7 in existing proceedings. If there are no proceedings in existence, the claim should be started by claim form8 issued out of Chancery Chambers at the Rolls Building. All such claims are assigned to the Chancery Division.9

Every personal representative of the estate should be joined as a party,10 and in practice the court often seeks the views of those entitled but who have not taken a grant.

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