General

If I post a claim form on Monday, when will it be deemed to have been served? (Include reference to the CPR) In accordance with CPR 6.14 the claim will be deemed to be served on the second business day. Which would be when? On Thursday. If I post a document other than a claim form on Thursday, when will it be deemed to have been served? (Include reference to the CPR) A document will be deemed served on the date provided in the rules, regardless of whether it is in fact received sooner (or later). Which date does the rules provide for then? (Answer is in CPR 6 look for the section marked something like service of documents other than a claim form First class post, document exchange or other service which provides for delivery on the next business day. Which part of the CPR deals with probate? Part57. What is a summary judgment? Which part of the CPR deals with summary judgment? The law governing civil court proceedings allows a party to apply for summary judgment in a claim if the other party has no real prospect of success at trial. The law on applications for summary judgment is contained in Part 24 of the Civil Procedure Rules. What is the test for a summary judgment? An applicant for summary judgment will have to convince the judge that the other party would have no real prospect of success if there was a trial and that there is no other good reason why the case should go to trial.

What is a default judgment? Which part of the CPR deals with default judgments? PRACTICE DIRECTION 12 DEFAULT JUDGMENT A default judgment is judgment without a trial where a defendant has failed to file either an acknowledgment of service, or a defence. What is the test for default judgments? The defendant has to convince the judge that he has a defence that has a real prospect of succeeding. Not quite, although actually the question I wanted to ask was what is the test for setting aside a default judgment you have half answered my second question but what is the other element of the test?

When would you use a Part 8 claim form (rather than a Part 7 claim form)? A claimant may use the Part 8 procedure where he seeks the courts decision on a question which is unlikely to involve a substantial dispute of fact. and where the CPR specifies that a Part 8 claim form should be used The Part 8 procedure must be used for any claim or application in relation to which an Act, rule or practice direction provides that the claim or application is brought by originating summons, originating motion or originating application.

The rules in the Part7 apply to matrimonial and civil partnership proceedings. And generally cases which involve a dispute as to fact.

How long does an opposing party have to consider a Part 36 offer? A part36 offer expires 21 days after the date the offer was made. But when is a part 36 offer deemed to have been made?

Probate/Inheritance Act

Can you apply for a default judgment in a probate case? ? the answer is in the notes of Part 57, somewhere near the beginning What is a caveat? What does it do? A caveat ensures that no grant of probate is made until the case has been properly examined. It can take many months for a case to come before a judge, and there can be financial hardship in the interim. How much does it cost to enter a caveat? It is likely that no assets will be allowed to be transferred from the estate during this period, so it is important that all parties involved take their own financial precautions. If the value of a case is 5,000 or less, it will generally be allocated to the small claims track. You havent answered the question here. My question was, if you went to the court to enter a caveat, how much do you need to pay for the Court to process the application and keep the caveat in place for 6 months?

How long does a caveat last for? Six months from the date it is entered.

What is a standing search? What would you hope to find by entering a standing search? A standing search entitles you to a copy of the grant of representation and the will. A standing search can be useful if the date of death is recent or if you have already carried out a general search which has shown that no grant of representation has been issued but you believe that a grant will issue in the next six months

How much does it cost to enter a standing search? 6.00

What details do you need to provide when entering a standing search? Full names of the deceased (forenames & surname) including any names by which the deceased was known and the name in which the death was registered Last permanent address

Date of death or a range of dates if the exact date is not known to you You must also give your name and address Next time I go to the Court to enter one I will take you with me and you can do it then!!

How long does a standing search last for? The search application remains in force for six months. A continuous search is made for a period of six months from the date the standing search was entered.

What are the 2 standards of reasonable financial provision in an Inheritance Act claim? The court has a wide discretion to consider what constitutes reasonable financial provision for a claimant, and this may differ depending upon into which category of applicant the claimant falls. The court will consider, amongst other issues, the size of the deceased's estate after tax, the financial circumstances of the claimant(s) and the beneficiaries named in the Will, obligations of the deceased, and any disabilities of the parties. If a court is satisfied that the deceased should have made reasonable financial provision for the claimant, the court is able to make one or more

of a range of orders, depending upon the category of applicant into which the claimant falls, including periodical payments or a lump sum to be paid from the estate. Have a look in the blue puffy book on the shelf. There is a whole chapter on what is reasonable financial provision. I would like you to quote from there to answer this question. If I am the spouse of the deceased, which standard would apply to me? Prior to 1st Feb 2009, the spouse or civil partner will inherit if the net estate is not over 200,000. If the net estate is over 200,000, the spouse or civil partner will inherit 200,000 plus half of the remaining amount Post 1st Feb 2009, the spouse or civil partner can claim for a net estate that is not over 450,000. If the net estate is over 450,000, the spouse or civil partner will inherit 450,000 plus half of the remaining amount. No these are the rules of intestacy (ie what happens if there is no will) The blue puffy book will give you the answer, or come to me if you cant find it.

If I am a child of the deceased, which standard would apply to me? A child can apply regardless of her/his age, marital status or financial dependence on the person who has died.

 However, applications by adult self-supporting children may not succeed The blue puffy book will give you the answer, or come to me if you cant find it.

Can a child of the Deceased make an Inheritance Claim even if they are over 18 (an adult)? Making a claim under the Inheritance Act 1975, which will include claims made by children, will mean providing proof that the claimants were maintained by the deceased. This means either wholly or partly maintained by the deceased. So can an adult child made a claim? Yes or no? What factors do the courts take into account when deciding whether to make an order under the Inheritance Act? Under which section of the Act would you find them? Those who were civil partners living with the deceased but not married will not automatically be entitled to receive an estate. If the deceased did not include provisions for a civil partner they will be required to make a claim under the rules of the Inheritance Act 1975 Have another go at this one, you might need to look at the Act itself, but the blue book also has a chapter which sets the factors out.

Is there a time limit for making an Inheritance Act claim? Yes. A strict one. If so, what is it?

The application must be made within six months of the grant of probate or letters of administration. Can it be extended? Yes. The Court has the power to extend the time limit if an application is made by the applicant.