When is the deadline for probate claim: acknowledgment of service?
The catalogue records a 28 days period from Service of the particulars of claim, or service of the claim form where the claim form does not state that particulars are to follow. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 28 days
- Trigger
- Service of the particulars of claim, or service of the claim form where the claim form does not state that particulars are to follow
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- Extendable by the court, and by written agreement between the parties under CPR 2.11 subject to the usual limits. This is a longer period than the ordinary 14 days under CPR 10.3 precisely because probate claims require testamentary documents and evidence to be assembled first.
- COUNTING: CPR 2.8(2) computes a period expressed in days as clear days, so the day of service does not count. Note the trigger differs between limb (a) and limb (b): where the claim form says particulars are to follow, the clock does not start on the claim form. Contrast the 21 days for Inheritance Act claims under CPR 57.16(4).