Rule 24 Payment to a representative of a deceased personI1

England and Wales

(1)

This rule applies where a person entitled to a fund in court dies.

(2)

Where a grant of representation has been obtained, the Accountant General shall pay out the fund in court to the personal representative of the deceased if F1provided with either—

(a)

(i)

a written request; and

(ii)

a sealed copy of the grant of representation; or

(b)

where rule 22A(1) applies—

(i)

an electronic request; and

(ii)

an electronic sealed copy of the grant of representation.

(3)

Where a grant of representation has been obtained by two or more persons, the Accountant General shall only pay out the fund in court if provided with:

(a)

the documents required under paragraph (2) F2and either—

F3(b)

(i)

the written consent of each living person named as a personal representative in the grant of representation; and

(ii)

a copy of the death certificate of any deceased person who was named as a personal representative in the grant of representation; or

(c)

where rule 22A(1) applies—

(i)

the electronically completed consent of each living person named as a personal representative in the grant of representation; and

(ii)

an electronic copy of the death certificate of any deceased person who was named as a personal representative in the grant of representation.

(4)

Where the value of the estate is less than £5,000 and the person dies testate, the Accountant General shall pay out the fund in court to the person who claims to have the right to a grant of probate if F4provided with either—

(a)

(i)

a written request;

(ii)

a copy of the will of the deceased; and

(iii)

a copy of the death certificate of the deceased; or

(b)

where rule 22A(1) applies—

(i)

an electronic request;

(ii)

an electronic copy of the will of the deceased; and

(iii)

an electronic copy of the death certificate of the deceased.

(5)

Where the value of the estate is less than £5,000 and two or more persons have a right to a grant of probate, the Accountant General shall only pay out the fund in court if provided with:

(a)

the documents required under paragraph (4) F5and either—

F6(b)

(i)

the written consent of each living person named as an executor in the deceased’s will; and

(ii)

a copy of the death certificate of any deceased person who was named as an executor in the deceased’s will; or

(c)

where rule 22A(1) applies—

(i)

the electronically completed consent of each living person named as an executor in the deceased’s will; and

(ii)

an electronic copy of the death certificate of any deceased person who was named as an executor in the deceased’s will.

(6)

Where the value of the estate is less than £5,000 and the person dies intestate, the Accountant General shall pay out the fund in court to the person who claims to have a prior right to a grant of letters of administration if F7provided with either—

(a)

(i)

a written request;

(ii)

a written declaration of kinship; and

(iii)

a copy of the death certificate of the deceased; or

(b)

where rule 22A(1) applies—

(i)

an electronic request;

(ii)

an electronic copy of the declaration of kinship; and

(iii)

an electronic copy of the death certificate of the deceased.

(7)

Where the value of the estate is less than £5,000 and two or more persons claim to have a prior right to a grant of letters of administration, the Accountant General shall only pay out the fund in court if provided with:

(a)

the documents required under paragraph (6) F8and either—

F9(b)

(i)

the written consent of each person who appears to have a prior right to a grant of letters of administration; and

(ii)

a written declaration of kinship of each such person; or

(c)

where rule 22A(1) applies—

(i)

the electronically completed consent of each person who appears to have a prior right to a grant of letters of administration; and

(ii)

an electronic copy of the declaration of kinship of each such person.

(c)

a written declaration of kinship of each such person.

Annotations

Textual amendments

F1: Words in rule 24(2) substituted (27.10.2023) by The Court Funds (Amendment) Rules 2023 (S.I. 2023/987), rules 1(1), 16(a)
F2: Words in rule 24(3)(a) inserted (27.10.2023) by The Court Funds (Amendment) Rules 2023 (S.I. 2023/987), rules 1(1), 16(b)(i)
F3: Rule 24(3)(b)(c) substituted (27.10.2023) by The Court Funds (Amendment) Rules 2023 (S.I. 2023/987), rules 1(1), 16(b)(ii)
F4: Words in rule 24(4) substituted (27.10.2023) by The Court Funds (Amendment) Rules 2023 (S.I. 2023/987), rules 1(1), 16(c)
F5: Words in rule 24(5)(a) inserted (27.10.2023) by The Court Funds (Amendment) Rules 2023 (S.I. 2023/987), rules 1(1), 16(d)(i)
F6: Rule 24(5)(b)(c) substituted (27.10.2023) by The Court Funds (Amendment) Rules 2023 (S.I. 2023/987), rules 1(1), 16(d)(ii)
F7: Words in rule 24(6) substituted (27.10.2023) by The Court Funds (Amendment) Rules 2023 (S.I. 2023/987), rules 1(1), 16(e)
F8: Words in rule 24(7)(a) inserted (27.10.2023) by The Court Funds (Amendment) Rules 2023 (S.I. 2023/987), rules 1(1), 16(f)(i)
F9: Rule 24(7)(b)(c) substituted for rule 24(7)(b) (27.10.2023) by The Court Funds (Amendment) Rules 2023 (S.I. 2023/987), rules 1(1), 16(f)(ii)

Commencement

I1: Rule 24 in force at 3.10.2011, see rule 1(1)