The Court Funds Rules 2011

Payment to a representative of a deceased person

24.—(1) This rule applies where a person entitled to a fund in court dies.

(2) Where a grant of representation has been obtained, the Accountant General shall pay out the fund in court to the personal representative of the deceased if provided with:

(a) a written request; and

(b) a sealed copy of the grant of representation.

(3) Where a grant of representation has been obtained by two or more persons, the Accountant General shall only pay out the fund in court if provided with:

(a) the documents required under paragraph (2);

(b) the written consent of each living person named as a personal representative in the grant of representation; and

(c) a copy of the death certificate of any deceased person who was named as a personal representative in the grant of representation.

(4) Where the value of the estate is less than £5,000 and the person dies testate, the Accountant General shall pay out the fund in court to the person who claims to have the right to a grant of probate if provided with:

(a) a written request;

(b) a copy of the will of the deceased; and

(c) a copy of the death certificate of the deceased.

(5) Where the value of the estate is less than £5,000 and two or more persons have a right to a grant of probate, the Accountant General shall only pay out the fund in court if provided with:

(a) the documents required under paragraph (4);

(b) the written consent of each living person who has been named as an executor in the deceased’s will; and

(c) a copy of the death certificate of any deceased person who was named as an executor in the deceased’s will.

(6) Where the value of the estate is less than £5,000 and the person dies intestate, the Accountant General shall pay out the fund in court to the person who claims to have a prior right to a grant of letters of administration if provided with:

(a) a written request;

(b) a written declaration of kinship; and

(c) a copy of the death certificate of the deceased.

(7) Where the value of the estate is less than £5,000 and two or more persons claim to have a prior right to a grant of letters of administration, the Accountant General shall only pay out the fund in court if provided with:

(a) the documents required under paragraph (6);

(b) the written consent of each person who appears to have a prior right to a grant of letters of administration; and

(c) a written declaration of kinship of each such person.