If you are a personal representative of an estate and need guidance on a particular issue, you may apply to the court for directions. In many cases this will not be necessary, but if the personal representatives and beneficiaries cannot agree on how to proceed, a court application may be required.

Part 64 applications can also be made by beneficiaries and other interested parties, although they are most commonly issued by personal representatives or trustees.

There are two types of applications under Part 64 of the Civil Procedure Rules. The first — and by far the most common — is an application asking the court to determine a specific question relating to the administration of the estate or the execution of a trust. Examples include:

• Construing (interpreting) the terms of a will
• Approving the distribution of the estate in line with the estate accounts
• Determining whether a person is a true creditor or beneficiary of the estate
• Deciding whether a personal representative may purchase an asset from the estate

The second type of application asks the court to take over the administration of the estate or trust. This is highly unusual and usually only arises where repeated applications have been necessary or where personal representatives (or trustees) are unable to work together .

We provide specialist advice on whether seeking the court’s assistance is appropriate in your circumstances. We work with clients to consider whether alternative, more cost‑effective options are available that can still achieve the desired outcome. We can also assist if you have been named as a defendant in a Part 64 application.

Please do not hesitate to contact us or request a callback if you would like to discuss any concerns you may have.