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Where the proposed defendant is deceased and there are no personal representatives, when making a claim against the estate of the deceased under CPR 19.12(3), who is the claim served on?
CPR 19.12 (previously 19.8) exists to deal with the fact that a claim cannot be brought against a dead person, but can be brought against their estate. Where there has been a grant of probate or of letters of administration, the claim must be brought against the personal representatives (CPR 19.12(2)(a)). Where there has been no grant, the claim must be brought against 'the estate of the deceased' (CPR 19.12(2)(b)(i)) and the claimant must apply to the court for an order appointing a person to represent the estate of the deceased in the claim (CPR 19.12(2)(b)(ii)). Such an order does not constitute the person appointed as the personal representative,
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