F1PART 57F2PROBATE, INHERITANCE, PRESUMPTION OF DEATH AND GUARDIANSHIP OF MISSING PERSONS

Annotations:
Amendments (Textual)

F3SECTION VIPROCEEDINGS UNDER THE GUARDIANSHIP (MISSING PERSONS) ACT 2017

Annotations:
Amendments (Textual)

Giving notice and advertisement of claim for a guardianship order or an application for a revocation/variation order57.29

1

The claimant or applicant must, within 14 days of notification of the date of the first hearing of the claim for a guardianship order or of an application for a revocation/variation order—

a

send notice of the claim or application to those of the following persons whose identity and current residential or e-mail address or nominated address for service are known to the claimant or applicant—

i

the spouse or civil partner of the missing person;

ii

any parent of the missing person;

iii

any child of the missing person;

iv

any sibling of the missing person;

v

if there are no persons within paragraphs (i) to (iv), the nearest relative of the missing person known to the claimant or applicant;

vi

any guardian or any former guardian of the missing person;

vii

any person who has previously intervened in and/or become a party to these or any proceedings in which a guardianship order was sought in relation to the missing person,

by sending (subject to any redaction ordered by the court, and subject to paragraph (2)) the material set out in paragraph 3.1 of Practice Direction 57C to the relevant addresses; and

b

advertise notice of the claim or application—

i

in a form which meets the requirements set out in paragraph 4.1 of Practice Direction 57C;

ii

in at least one public news media circulating in or relating to the vicinity of the last known usual place of residence of the missing person;

being “Advertisement of the claim/application”.

2

If the person has a nominated address for service known to the claimant or applicant, and provided that such address for service has been nominated expressly for the purpose of 2017 Act proceedings, the material need only be sent to that address; and, if the claimant or applicant has no access to any, or no, e-mail address of their own, they need not send the material to any e-mail address.

3

The claimant or applicant must file at court no later than 7 days before the first hearing of the claim or application, a witness statement—

a

confirming compliance with paragraph (1)(a), and attaching Form N215 (Certificate of Service) completed to describe each method of sending to each person, as if references on that form to “service” were to “sending”; and

b

confirming compliance with paragraph (1)(b), and containing or attaching evidence of Advertisement of the claim/application, including details of how, where and when it was advertised.