Q&As

In a claim for reasonable financial provision, on whom do you need to serve and when will you need permission to serve a defendant out of jurisdiction?

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Published on LexisPSL on 03/10/2014

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

  • In a claim for reasonable financial provision, on whom do you need to serve and when will you need permission to serve a defendant out of jurisdiction?

Where an application for reasonable financial provision is made under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) this must be served on every defendant.

Defendants are such persons ‘as appear necessary’, this is interpreted as all those persons whose ‘beneficial interests may be affected’ by any order, and consequently will vary according to the order being sought. Where there are numerous beneficiaries with the same interest, a representation order can be requested (eg see Part 8 Claim Form by infant child for reasonable provision and for representation order from Atkins Court Forms, Volume 32(1): 05/2010).

Apart from those with a beneficial interest in the estate, the most obvious defendants will be the deceased's personal representatives.

Where a defendant is outside England and Wales jurisdiction, it is necessary to consider if:

  1. a claim form or other document can be issued and served on a person out of the jurisdiction without permission

  2. a claim form or oth

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