The Civil Procedure Rules 1998 No. 3132 (L. 17)

[F1 PART 57 E+W [F2 PROBATE AND INHERITANCE]

Textual Amendments

F1 Pt. 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)

F2 Pt. 57 heading substituted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rules 1(b), 23(a)

[F3 IV CLAIMS UNDER THE INHERITANCE (PROVISION FOR FAMILY AND DEPENDANTS) ACT 1975 E+W

Textual Amendments

F3 Pt. 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

Scope of this Section E+W

57.14   This Section contains rules about claims under the Inheritance (Provision for Family and Dependants) Act 1975(1) (“the Act”).

Proceedings in the High Court E+W

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 [F4 Practice Direction 40B].

Textual Amendments

F4 Words in rule 57.15(2) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 32(d)

Procedure for claims under section 1 of the Act E+W

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) [F5 Subject 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.

[F6 (4A) If the claim form is served out of the jurisdiction under rule [F7 6.32 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 [F8 6.35] or [F9 Practice Direction 6B].]

(5) A defendant who is a personal representative of the deceased must file and serve written evidence, which must include the information required by [F10 Practice Direction 57].]]

Textual Amendments

F5 Words 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)

F6 Rule 57.16(4A) inserted (30.6.2004) by The Civil Procedure (Amendment) Rules 2004 (S.I. 2004/1306), rules 1(b), 17(b)

F7 Words 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)

F8 Word 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)

F9 Words in rule 57.16(4A) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 32(e)

F10 Words in rule 57.16(5) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 32(b)(ii)

(1)

1983 c. 20.

(2)

1974 c. 39.