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Payment out on death of payee (P. 18, r. 10)

Family Justice (Probate and Other Matters) Rules 2024

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—(1) When funds in Court are by an order directed to be paid, transferred or delivered to any person named or described in an order, or in a certificate of the Registrar, the funds, or any portion of the funds for the time being remaining unpaid, untransferred or undelivered, may, unless the order otherwise directs, on proof of the death of that person, whether —(a)on or after the date of the order; or(b)in the case of payment directed to be made to a creditor as such, before the date of the order,be paid, transferred or delivered to the legal personal representatives of the deceased person, or to the survivor or survivors of them.(2) Paragraph (1) does not apply to an order directing funds in Court to be paid, transferred or delivered to a person expressed, in the order or certificate of the Registrar, to be entitled to the funds —(a)as trustee, executor or administrator; or(b)otherwise than in his or her own right, or for his or her own use.(3) If no administration has been taken out to the estate of the deceased person who has died intestate, and whose assets do not exceed the value of $10,000, including the amount of the funds directed to be so paid, transferred or delivered to him or her, the funds may be paid, transferred or delivered to the person who, being widower, widow, child, father, mother, brother or sister of the deceased, would be entitled to take administration to his or her estate, upon a declaration by the person in accordance with Form 150.(4) When funds in Court are by an order directed to be paid, transferred or delivered to any persons as legal personal representatives, the funds, or any portion of the funds for the time being remaining unpaid, untransferred or undelivered, may, upon proof of the death of any such representatives, whether on or after the date of such order, be paid, transferred or delivered to the survivor or survivors of them.(5) When any application for an order mentioned in paragraphs (1) and (4) is made, notice of the application must be given to the Commissioner of Estate Duty who is entitled to attend and be heard on the matter.

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