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Notes for defendant (Part 8 claim form)

Please read these notes carefully - they will help you to decide what to do about this claim.
• You have 14 days* from the date on which you were served with the claim form to respond to the claim
• If you do not return the acknowledgment of service, you will be allowed to attend any hearing of this claim but
you will not be allowed to take part in the hearing unless the court gives you permission to do so
• Court staff can tell you about procedures but they cannot give legal advice. If you need legal advice, you should
contact a solicitor or Citizens Advice Bureau immediately

Time for responding
The completed acknowledgment of service must be an extension of time for filing your written evidence,
returned to the court office within *(14 days) ( ) a copy of your written agreement must be filed with
of the date on which the claim form was served on you. your acknowledgment of service. Please note that the
If the claim form was: agreement can only extend time by 14 days from the
• sent by post, the *(14 days) ( ) begins 2 business date you file your acknowledgment of service.
days from the date of the postmark on the envelope.
• delivered or left at your address, the *(14 days) ( ) Claims under section 1 of the Inheritance (Provision
begins the second business day after it was delivered. for Family and Dependants) Act 1975
• handed to you personally, the *(14 days) ( ) A defendant who is a personal representative of the
deceased must file and serve written evidence which
begins on the second business day it was given to you.
must state to the best of that person’s ability:
Completing the acknowledgment of service • full details of the value of the deceased’s net estate, as
defined in section 25 of the Act;
You should complete sections A - E as appropriate. In all • the person or classes of person beneficially interested
cases you must complete sections F and G. in the estate, and
Section A - not contesting the claim - the names and (unless they are parties to the claim)
If you do not wish to contest the remedy sought by addresses of all living beneficiaries; and
the claimant in the claim form, you should complete - the value of their interests in the estate so far as
section A. In some cases the claimant may only be they are known;
seeking the court’s directions as to how to act, rather • whether any living beneficiary (and if so, naming him)
than seeking a specific order. In these circumstances, is a child or protected party within the meaning of
if you wish the court to direct the claimant to act in a Rule 21.1(2); and
certain way, give brief details. • any facts which might affect the exercise of the court’s
powers under the Act.
Section B - contesting the claim Section F - name of defendant
If you do wish to contest the remedy sought by the Print your full name, or the full name of the defendant on
claimant in the claim form, you should complete section whose behalf you are completing this form.
B. If you seek a remedy different from that sought by
the claimant, you should give brief details in the space Serving other parties
provided. You must send to any other party named on the claim
Section C - disputing the court’s jurisdiction form, copies of both the acknowledgment of service and
You should indicate your intention by completing any written evidence, at the same time as you file them
section C and filing an application disputing the with the court.
court’s jurisdiction within 14 days of filing your
acknowledgment of service at the court. The court will What happens next
arrange a hearing date for the application and tell you The claimant may, within 14 days of receiving any written
and the claimant when and where to attend. evidence from you, file further evidence in reply. On receipt
Section D - objecting to use of procedure of your acknowledgment of service, the court file will be
If you believe that the claimant should not have issued referred to the judge for directions for the disposal of the
the claim under Part 8 because: claim. The court will contact you and tell you what to do next.
• there is a substantial dispute of fact involved; and Statement of truth
• you do not agree that the rule or practice direction stated
does provide for the claimant to use this procedure This must be signed by you, by your solicitor or your
you should complete section D setting out your reasons litigation friend, as appropriate.
in the space provided. Where the defendant is a registered company or a
Section E - written evidence corporation the statement must be signed by either the
director, treasurer, secretary, chief executive, manager
Complete this section if you wish to rely on written or other officer of the company or (in the case of a
evidence. You must send your written evidence to the corporation) the mayor, chairman, president or town clerk.
court with your acknowledgment of service. It must
be verified by a statement of truth or the court may *For claims under the Inheritance (Provision for Family and
disallow it. If you have agreed with the other party(ies)
Dependants) Act 1975 the period is 21 days.
N208C Notes for defendant (CPR Part 8) (07.09) © Crown copyright 2009
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