Succession Act 1965 section 44

Trial by jury of questions of fact

Section 44 deals with the circumstances in which factual disputes arising in succession proceedings may or must be tried by a jury.

• The court has a general discretion to direct that any question of fact in succession proceedings be tried by a jury.
• Where all parties to the proceedings jointly apply for a jury trial, the court must grant the application.
• Where one party applies for a jury trial without the agreement of the other party, the court may refuse the application.
• If the court refuses a one-sided application for a jury trial, that refusal can be appealed.