Q&As

How should a party which is deceased be referenced on a claim form in civil proceedings? Does any reference depend upon a grant of probate?

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Published on LexisPSL on 02/02/2017

The following Wills & Probate Q&A provides comprehensive and up to date legal information covering:

  • How should a party which is deceased be referenced on a claim form in civil proceedings? Does any reference depend upon a grant of probate?
  • Referencing a deceased party on a claim form
  • Referencing a protected party on a claim form

Referencing a deceased party on a claim form

Where the claimant is deceased and there is a grant of representation, the claimant will still be the deceased person, but represented by their personal representative under the grant of representation.

The Notes for claimant on completing a claim form in civil proceedings from www.justice.gov.uk provides that where a party is suing or being sued in a representative capacity, you must say what that capacity is, for example: ‘Mr Joe Bloggs as the representative of Mrs Sharon Bloggs (deceased)’.

Where the claimant is deceased and there is no grant of probate the position is set out in CPR 19.8, which provides that:

'[(1) Where a person who had an interest in a claim has died and that person has no personal representative the court may order—

(a) the claim to proceed in the absence of a person representing the estate of the deceased; or

(b) a person to be appointed to represent the estate of the deceased.

(2) Where a defendant against whom a claim could have been brought has died and—

(a) a grant of probate or administration has been made, the claim must be brought against the persons who are the personal representatives of

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