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Textual Amendments
F1Pt. 57 inserted (15.10.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rule 1(b), Sch. (with rule 19)
F2Pt. 57 heading substituted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rules 1(b), 23(a)
Textual Amendments
F3Pt. 57 Section 4 inserted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rule 1(b), Sch. 4 Pt. 2
57.14 This Section contains rules about claims under the Inheritance (Provision for Family and Dependants) Act 1975(1) (“the Act”).
57.15—(1) Proceedings in the High Court under the Act shall be issued in either—
(a)the Chancery Division; or
(b)the Family Division.
(2) The Civil Procedure Rules apply to proceedings under the Act which are brought in the Family Division, except that the provisions of the Family Proceedings Rules 1991(2) relating to the drawing up and service of orders apply instead of the provisions in Part 40 and its practice direction.
57.16—(1) A claim under section 1 of the Act must be made by issuing a claim form in accordance with Part 8.
(2) Rule 8.3 (acknowledgment of service) and rule 8.5 (filing and serving written evidence) apply as modified by paragraphs (3) to (5) of this rule.
(3) The written evidence filed and served by the claimant with the claim form must have exhibited to it an official copy of—
(a)the grant of probate or letters of administration in respect of the deceased’s estate; and
(b)every testamentary document in respect of which probate or letters of administration were granted.
(4) [F4Subject to paragraph (4A), the time] within which a defendant must file and serve—
(a)an acknowledgment of service; and
(b)any written evidence,
is not more than 21 days after service of the claim form on him.
[F5(4A) If the claim form is served out of the jurisdiction under rule [F66.32 or 6.33], the period for filing an acknowledgment of service and any written evidence is 7 days longer than the relevant period specified in rule [F76.35] or [F8Practice Direction B supplementing Part 6].]
(5) A defendant who is a personal representative of the deceased must file and serve written evidence, which must include the information required by the practice direction.]]
Textual Amendments
F4Words in rule 57.16(4) substituted (30.6.2004) by The Civil Procedure (Amendment) Rules 2004 (S.I. 2004/1306), rules 1(b), 17(a)
F5Rule 57.16(4A) inserted (30.6.2004) by The Civil Procedure (Amendment) Rules 2004 (S.I. 2004/1306), rules 1(b), 17(b)
F6Words in rule 57.16(4A) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 30(b)(i)
F7Word in rule 57.16(4A) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 30(b)(ii)
F8Words in rule 57.16(4A) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 30(b)(iii)