The Civil Procedure Rules 1998

[F1[F2Procedure for claims under section 1 of the ActE+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 [F3, except in the circumstances specified in paragraph (3A),] 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.

[F4(3A) Where no grant has been obtained, the claimant may make a claim without naming a defendant and may apply for directions as to the representation of the estate. The written evidence must—

(a)explain the reasons why it has not been possible for a grant to be obtained;

(b)be accompanied by the original or a copy (if either is available) of the will or other testamentary document in respect of which probate or letters of administration are to be granted; and

(c)contain the following information, so far as known to the claimant—

(i)brief details of the property comprised in the estate, with an approximate estimate of its capital value and any income that is received from it;

(ii)brief details of the liabilities of the estate;

(iii)the names and addresses of the persons who are in possession of the documents relating to the estate; and

(iv)the names of the beneficiaries and their respective interests in the estate.

(3B) Where a claim is made in accordance with paragraph (3A), the court may give directions as to the parties to the claim and as to the representation of the estate either on the claimant’s application or on its own initiative.

(Section 4 of the 1975 Act as amended confirms that nothing prevents the making of an application under the Act before representation with respect to the estate of the deceased person is taken out.)]

(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.

[F6(4A) If the claim form is served out of the jurisdiction under rule [F76.32 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 [F86.35] or [F9Practice 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 [F10Practice Direction 57].]]

Textual Amendments