Q&As

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?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 05 January 2024
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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,

Chris Bryden
Chris Bryden

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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United Kingdom

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