The Law Society’s Library helps answer a query about Beddoe applications and orders.
The Law Society Library maintains a database of enquiries called Common Queries. These include results from research to find forms, precedents, rules, regulations and guidance. These records can be freely accessed via the library catalogue Library Search.
A Beddoe application is made to the court under Part 64 of the Civil Procedure Rules for directions as to whether or not the trustee should bring or defend, or continue to bring or defend, proceedings in his capacity as trustee. An order made in a Beddoe application authorises the trustee to do so and to be indemnified out of the trust fund in respect of the costs incurred in the proceedings to which the application relates, including any costs which he might be ordered to pay to another party to the proceedings. (para. 27-236 Lewin on Trusts, 19th ed. (2015)).
For detailed commentary, see Lewin on Trusts, 19th ed. (2015) pages 1210-1223 (in the context of trustees) or Rossdale: Probate and Administration of Estates, 4th ed. (2008) pages 419-424 (in the context of personal representatives).
Atkin’s Court Forms, vol. 2 Administration of estates (2016 reissue) (in the context of personal representatives)
Forms 124 Claim form for application by personal representatives for directions as to whether legal proceedings should be taken: Beddoe’s application.
Form 125 Witness statement in support of application.
Form 161 Order giving personal representatives permission to take or defend legal proceedings: Beddoe Order.
Atkin’s Court Forms, vol. 8(2) Charities (2013 issue) (in the context of charities)
Form 3 Order of the Charity Commission made under Section 115 of the Charities Act 2011 giving authority to trustees to apply for a Beddoe Order.
Form 53 Part 8 claim form for directions whether trustee should defend proceedings (Beddoe claim).
Form 54 Witness statement supporting claim form for directions whether trustees should defend proceedings (Beddoe claim).
Form 55 Order for directions to trustees to defend proceedings (Beddoe claim).
Atkin’s Court Forms, vol. 31(1) (2012 issue) Pensions (in the context of trustees)
Section 2 Beddoe Applications Forms 12-24 examples of Part 8 claim forms, witness statements in support, application notice and orders.
Atkin’s Court Forms, vol. 41 (2017 reissue) (in the context of trustees)
Form 150 Part 8 claim form by trustee for directions as to sale and litigation.
Form 151 Witness statement supporting part 8 claim form.
Islam, Contentious Probate Handbook: Practice and Precedents (2016)
Appendix A1 Beddoe order.
Record last checked: 06/10/17
Copies of all documents listed here can be supplied by e-mail via Lawdocs, our document supply service. Click here for more details.
For further help and enquiries please contact the Law Society Library on 020 7320 5946 or e-mail us at firstname.lastname@example.org.
This FAQ is compiled by the Law Society Library. Comments relating to the questions should be sent to email@example.com.
While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.