Q&As

Can you apply for security by way of a charging order over land against an individual who is the beneficiary, to said property, under a Will?

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Published on LexisPSL on 15/01/2019

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • Can you apply for security by way of a charging order over land against an individual who is the beneficiary, to said property, under a Will?

Until the property is vested in the beneficiary, the trustees hold on a bare trust and the beneficiary would have a mere equitable interest.

Of course, the beneficiary could always disclaim or direct the trustees to vest the property in someone else either absolutely or while retaining a beneficial interest (eg under a trust).

In such a case, it would be necessary to endeavour to seek a charging order against that beneficial interest under CPR 73, sooner rather than later, to avoid the trustees being given instructions to transfer the property elsewhere.

It has been established that charging orders can be made over beneficial interests. In Walton v Allman, Snowden J concluded that:

  1. with reference to sections 1 and 2 of the Charging Orders Act 1979, it is clear that a charging order can be granted over a judgment debtor's beneficial interest in land (

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