Q&As

Can you obtain a charging order over property held on trust where the judgment debtor is a one of multiple beneficiaries under the trust and also one of the trustees?

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Published on LexisPSL on 08/09/2017

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Can you obtain a charging order over property held on trust where the judgment debtor is a one of multiple beneficiaries under the trust and also one of the trustees?

Can you obtain a charging order over property held on trust where the judgment debtor is a one of multiple beneficiaries under the trust and also one of the trustees?

For the purposes of this Q&A we have limited our research to cover obtaining a charging order to secure a judgment debt. We have focussed on the situation where (a) the judgment debtor is only one of a number of individuals/entities who have a beneficial interest in the property to be charged and (b) the judgment debtor is also one of the trustees of the property. In conducting our research we have focussed on obtaining charging orders over property where the judgment debtor holds a beneficial interest alongside other beneficiaries.

Section 1(1) of the Charging Orders Act 1979 (COA 1979), provides:

‘Where, under a judgment or

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