We take a look at a commonly asked question, “What can a charity do if disagreement is delaying the administration of an estate?”
Your charity receives a much-needed legacy, but payment is being held up by a disagreement which the executor doesn’t know how to deal with. It’s a common scenario and it can be an extremely frustrating one for trustees. So, what are your options?
Assuming the executor is genuinely uncertain about how to resolve the impasse, and is not intentionally holding things up, then then you can make an application to the court for directions under CPR 64 about how the administration of the estate should proceed. Court directions can resolve a range of disagreements or uncertainties, including payment of creditors, disputes over classes of beneficiary, whether distributions should be made, or monies retained for contingent liabilities.
The costs of an application for directions will often be ordered to be paid from the estate, unless the circumstances are deemed ‘hostile’ or a party has acted unreasonably.
If your charity has a legacy that has not been paid because an executor is uncertain how to proceed, or you require further guidance on the question, ”What can a charity do if disagreement is causing delay in administering an estate?”, then please contact us by calling 0333 888 0439, or emailing [email protected]
