Paying Funds into Court

Contentious Trusts & Estates
1

Hello.

I have an estate where the residuary beneficiary has refused to accept the share of the residue to him under the Will, and is since refusing to respond to any of our correspondence. In order to close our file, the decision has been taken to pay the funds “into Court” which i haven’t ever done before. Does anyone know how to go about this?

I would be very grateful for any guidance. My email address is dayton.little@awdrys.co.uk

Many thanks

Dayton

2

Hi Dayton, I wonder (if you haven’t had any better suggestions from others!
) if the executor should make an application to Court under Part 64 of the CPR for directions as to what to do with the funds - perhaps combined with a request that the costs involved be deducted from the bequest?! It could perhaps be suggested that the bequest be divided between the other beneficiaries? I don’t think the court will want to hang on to the funds.

The draft application and statement in support would need to detail the efforts made to pay over the bequest. That may be the best way to protect the executor from any criticism/liability later.

Best wishes
Sarah

3

If you are in doubt about whether to pay in then you can apply under Part 64. But the process for paying in is in CPR PD 37 para 6.1. I would guess you can probably just do the latter. See Lewin 27-092.

Richard

4

Thank you Sarah, that’s very helpful.

5

Thanks Richard - I will have a look at CPR PD 47 first.