24.2 In general, contentious probate proceedings follow the same pattern as an ordinary claim but there are important differences and the PD should be carefully studied. A defendant must file an acknowledgement of service. Compliance with this provision is essential. When a party lodges an original script in court, he or she should at the same time lodge a copy thereof. If a script is not lodged by a party, e.g. when it is forwarded by the Family Division to the Chancery Division, the party relying on it should lodge a copy thereof in Chancery Chambers before the first hearing at which the script has to be considered.
Photographic copies are preferred but typed copies are acceptable.
The proceedings may not be discontinued without permission. When the court orders trial of a contentious probate claim on written evidence under paragraph 10 or 13 of the PD it is normally necessary for an attesting witness to sign a witness statement or swear an affidavit of due execution of any will or codicil sought to be admitted to probate. The will or codicil is at that stage in the court's possession and cannot be handed out of court for use as an exhibit to the witness statement or affidavit, so that the attesting witness has to attend at the Royal Courts of Justice. 24.4 Where an attesting witness is unable to attend the Royal Courts of Justice in order to sign his or her witness statement or swear his or her affidavit in the presence of an officer of the court, the solicitor concerned may request from Room TM7.09, Thomas More Building, a photographic copy of the will or codicil in question. This will be certified as authentic by the court and may be exhibited to the witness statement or affidavit of due execution in lieu of the original.