Q&As

When issuing a claim form for relief under Inheritance (Provision for Family and Dependants) Act 1975 and the defendants’ addresses are unknown what procedure should be adopted?

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Published on LexisPSL on 21/03/2019

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

  • When issuing a claim form for relief under Inheritance (Provision for Family and Dependants) Act 1975 and the defendants’ addresses are unknown what procedure should be adopted?
  • The claim form
  • Service of the claim form

The claim form

Any claims brought under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) must be brought in accordance with the court rules set out in CPR 57. CPR 57.15 provides for proceedings in the High Court under I(PFD)A 1975 to be brought in either the Chancery Division or the Family Division. CPR 57.15(2) provides that:

‘The Civil Procedure Rules apply to proceedings under [the Act] which are brought in the Family Division, except that the provisions of the Family Proceedings Rules 1991 relating to the drawing up and service of orders apply instead of the provisions in Part 40 and Practice Direction 40B.’

There is no specific reference to the CPR applying in the Chancery Division, but that is implicit given that the claim must be issued as a Part 8 claim.

CPR 8.2A provides that a claim form may be issued under Part 8 without naming the defendant if the claim falls within the circumstances set out in the ass

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