F1PART 57F2PROBATE AND INHERITANCE

Annotations:
Amendments (Textual)

F3IV CLAIMS UNDER THE INHERITANCE (PROVISION FOR FAMILY AND DEPENDANTS) ACT 1975

Annotations:
Amendments (Textual)

Procedure for claims under section 1 of the Act57.16

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

F5Subject 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.

F44A

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 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 F9Practice Direction 57.