Part 64 applications
If you are a personal representative of an estate and you require direction on a particular matter, you may wish to apply to the court for guidance. This may not be necessary in many cases, but if the personal representatives and beneficiaries of the estate cannot agree on a course of action, a court application may be required.
Part 64 applications can be also be made by beneficiaries and some other interested parties. However, they are most commonly made by personal representatives or trustees.
There are two types of application under Part 64 of the Civil Procedure Rules. The first and most common type of application is to ask the court to determine a specific question in relation to the administration of the estate or the execution of a trust. Some examples include:
- To construe (determine the meaning of) the terms of a will
- To approve the distribution of the estate in accordance with the accounts
- To determine whether a person is a true creditor or beneficiary of the estate
- To determine whether a personal representative can purchase an asset from the estate
The second type is an application to ask the court to carry out the administration of the estate or trust. This is usually only available if there are repeated applications to court or if personal representatives (or trustees) are unable to work together and is very unusual.
We offer specialist advice on whether it would be appropriate to seek the assistance of the court. We consider with clients whether other options are available that may be more cost-effective and still achieve the desired outcome. We can also assist if you are named as a defendant to a Part 64 application.