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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) [F3Subject 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.
[F4(4A) If the claim form is served out of the jurisdiction under rule [F56.32 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 [F66.35] or [F7Practice 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 [F8Practice Direction 57].]]
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 Section 4 inserted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rule 1(b), Sch. 4 Pt. 2
F3Words 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)
F4Rule 57.16(4A) inserted (30.6.2004) by The Civil Procedure (Amendment) Rules 2004 (S.I. 2004/1306), rules 1(b), 17(b)
F5Words 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)
F6Word 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)
F7Words 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)
F8Words 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)
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