Prepare the claim form

The claimant prepares the claim form (Form N208) stating:

1. •

   that CPR 8 applies

2. •

   the question which the claimant wants the court to decide, or the remedy which the claimant is seeking and the legal basis for the claim to that remedy

3. •

   if the claim is being made under an enactment, what the enactment is eg the Inheritance (Provision for Family and Dependants) Act 1975

4. •

   if the claimant is claiming in a representative capacity what that capacity is

5. •

   if the defendant is sued in a representative capacity what that capacity is

The defendants will be the deceased’s personal representatives and such of the beneficiaries as appear to be necessary parties. It is usual to make the residuary beneficiaries parties as they are most likely to be affected by any order. It may be appropriate to make specific legatees parties, particularly if they are recipients of significant assets from