Page 1168 - IOM Law Society Rules Book

RULES OF THE HIGH COURT OF JUSTICE

(3) The claim form or application notice must be accompanied by —
(a) written evidence containing the grounds of the claim, and

(b) the following information so far as it is known to the claimant —
(i) brief details of the property comprised in the estate, with an
approximate estimate of its capital value and any income that is
received from it;
(ii) brief details of the liabilities of the estate;
(iii) the names and addresses of the persons who are in possession of the
documents relating to the estate;
(iv) the names of the beneficiaries and their respective interests in the
estate; and
(v) the name, address and occupation of any proposed substituted
personal representative.
(4) If the claim or application is for the appointment of a substituted personal
representative, the claim form or application notice must be accompanied by —

(a) a signed or sealed consent to act; and
(b) written evidence as to the fitness of the proposed substituted personal
representative, if an individual, to act.
(5) On the hearing of the claim or application the personal representative must
produce to the court the grant of representation to the deceased’s estate.

13.34 Family provision claims (57.14, PD57.16)
(1) This rule applies to claims under the Inheritance (Provision for Family and
Dependants) Act 1982 (‘the 1982 Act’).
(2) A claim under section 1 of the 1982 Act must be made by issuing a claim
form, and shall be allocated to the chancery procedure.
(3) The written evidence filed and served by the claimant with the claim form
must —
(a) include details of the income, outgoings, assets and liabilities of the claimant,
and
(b) have exhibited to it an official copy of —
(i) the grant of probate or letters of administration in respect of the
deceased’s estate; and
(ii) every testamentary document in respect of which probate or letters of
administration were granted.
(4) The time within which a defendant must file and serve —
(a) an acknowledgment of service; and
(b) any written evidence,
is 21 days after service of the claim form on him.
(5) A defendant who is a personal representative of the deceased must file and
serve written evidence, which must include the following information —
(a) full details of the value of the deceased’s net estate, as defined in section 24
of the 1982 Act;

(b) the person or classes of persons beneficially interested in the estate, and —
(i) the names and (unless they are parties to the claim) addresses of all
living beneficiaries; and

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