Applications under CPR Part 64 (trusts and estates)

Produced in partnership with Richard Dew of Ten Old Square
Practice notes

Applications under CPR Part 64 (trusts and estates)

Produced in partnership with Richard Dew of Ten Old Square

Practice notes
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The scope of CPR Part 64

CPR Part 64 concerns:

  1. •

    claims relating to the administration of estates of deceased persons and trusts, together with

  2. •

    Charity proceedings (in a separate section)

This Practice Note is concerned with the first part.

It applies to claims for the court to determine any question arising:

  1. •

    in the administration of the estate of a deceased person or for the Execution of a trust

  2. •

    for an order for the administration of the estate of a deceased person, or for the execution of a trust, to be carried out under the directions of the court (‘an Administration order’)

  3. •

    for a claim for the variation of a trust under the Variation of Trusts Act 1958 (VTA 1958), or

  4. •

    for a claim under section 48 of the Administration of Justice Act 1985 (AJA 1985).

The application to claims for the determination of any question arising in the administration of an estate, or the execution of a trust is very wide and will encompass

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Jurisdiction(s):
United Kingdom
Key definition:
Charity definition
What does Charity mean?

A charity is an institution which is established for charitable purposes only and falls to be subject to the control of the High Court in the exercise of its jurisdiction with respect to charities (Charities Act 2011, s 1)

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