Q&As

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?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 31/08/2016

The following Wills & Probate Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • 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?

A personal representative is under a duty to collect in and administer the estate of the deceased, and to distribute it in accordance with the will or the intestacy rules. However, it is sometimes the case that a beneficiary will not co-operate or cannot be found.

In those circumstances a distribution will cause potential difficulties to the personal representative, both of a practical nature (an inability to confirm the identity of the beneficiary or to know where to pay to them) and of a legal nature (as any maladministration of the estate or an erroneous distribution could lead to personal liability).

In those circumstances there are a number of potential ways in which the personal representatives can comply with their obligations. Where a beneficiary is missi

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