Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Claim form definition

What does Claim form mean? Document used to start a civil claim, summarising the nature of the claim and remedy sought, and identifying parties and court. In England and Wales, the claim form is the originating process under the Civil Procedure Rules (CPR) and is a statement of case (CPR 2.3). Issued under Part 7 or Part 8, it gives brief details of the claim, any statement of value, the remedy sought and addresses for service, and may contain or be followed by particulars of claim. Issue of the claim form commences proceedings and, if served within the CPR time limits (typically...

Inheritance (Provision for Family and Dependants) Act 1975 family provision claims: procedural checklist—parties, CPR Parts 57 and 8, time limits, evidence, fees and orders (England and Wales)

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Practice notes

Procedural table Grant of Representation and of every Applicants Spouse or civil partner of the deceased

Spouse or civil partner of the deceased — I(PFD)A 1975, s 1(1)(a).
Former spouse or former civil partner who has not entered into a later marriage or civil partnership — I(PFD)A 1975, s 1(1)(b).
Cohabitant who, for the entire two years immediately before death, lived in the same household as the deceased as if a spouse or civil partner — I(PFD)A 1975, ss 1(1)(ba), 1(1A).
Child of the deceased — I(PFD)A 1975, s 1(1)(c).
Anyone whom the deceased regarded as a child of the family — I(PFD)A 1975, s 1(d).
Any other individual who, immediately before the deceased’s death, was being maintained by the deceased — I(PFD)A 1975, s 1(e).

Court

High Court (Chancery Division or Family Division) — CPR 57.15.
County Court — County Courts Act 1984, s 25 (as amended).

Application

Part 8 Claim form to be headed ‘In the estate of…deceased’ and ‘In the matter of Inheritance (Provision for Family and Dependants) Act 1975’ — CPR 57.16, CPR 8.2. Time limit to...

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