The Law Society library look at what to do when a beneficiary is being uncooperative
An enquirer wanted to ascertain the procedures available for when a beneficiary is being uncooperative and not providing ID and address verification documents or bank details. The enquiry was about details for the requirements and procedure for making an application under Section 63 of the Trustee Act 1925 for a Court Order for a beneficiary’s share to be paid into court. These are some of the resources we have in the library on this issue:
Atkin’s Court Forms: Civil court forms has form ’N432: affidavit on payment into court under Section 63 of the Trustee Act 1925’. We are able to supply this via our document delivery service Lawdocs.
Lexis+ Q&A entitled What is the procedure for paying a legacy into court where a legatee has not co-operated with providing ID and bank details or responded to any correspondence? gave clarity on the process, saying that it “must follow the provisions of CPR PD 37 para 6.1.
This involves the filing of a witness statement or affidavit setting out details of the trust, the circumstances the trusts arose, the names of the persons entitled to the monies to be paid in, a statement that the trustee agrees to answer any inquiries which the court may make, and the trustee’s address for service.”
There is also a Lexis+ practice note Trust disputes—applications to the court by trustees which describes the procedure in more detail.
The other option in this circumstance is to obtain the protection of the court by applying for directions pursuant to Part 64 of the Civil Procedure Rules 1998 (CPR Part 64). These can be read for free and use the part 8 claim form.
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