Estates and trusts - introductory notes
En bloc retirement | Restrictions on allocation of Estates and Trusts work | Only the Public Trustee can deal with | Other allocations of Estates and Trusts work
Both the Official Solicitor and the Public Trustee continue to accept estates and trusts work on a "last resort" basis - broadly where there is no one else suitable, able or willing to act and an injustice would result if they did not do so. However, it will not always be clear to the legal profession or members of the general public to which part of the joint office enquiries should be directed.
All new requests for assistance, whether initially addressed to the Public Trustee or to the Official Solicitor to the Supreme Court, should be directed in the first instance to Trusts and Estates General Enquiries.
In a Written Ministerial Statement it was announced that the Lord Chancellor approved the retirement of the Official Solicitor and Public Trustee (OSPT) in the bulk of the current trust caseload. Subsequently an approved provider has been appointed to continue the Trust work previously provided by the OSPT in these cases. Letters are being written to those affected by these changes, and there are some Frequently Asked Questions which may be helpful.
Restrictions on the allocation of Estates and Trust Work
In view of statutory restrictions placed on the Public Trustee, only the Official Solicitor can consider accepting new matters in which:
- an estate is, or is likely to be, insolvent;
- a trust arises exclusively for religious or charitable purposes;
- the administration of an estate or trust involves managing a business;
- a trust arises under a creditors' deed of arrangement; and
- the Deceased died domiciled outside England and Wales
and it must be emphasised that cases falling into the above categories will, in any event, only be taken on in exceptional circumstances, particularly those involving the running of a business;
In view of Civil Procedure Rule 21.12 only the Official Solicitor can consider accepting matters where the appointment of a guardian of a minors' estate is required. Thus the court has power to appoint ONLY the Official Solicitor to be the guardian of a minor's estate:
- where money is paid into court under CPR (21.11);
- for the purpose of dealing with Criminal Injuries Compensation Authority Funds;
- for dealing with monies awarded to a minor in a foreign court;
- for dealing with pension fund proceeds; and
- where the court deems it desirable to make such appointment.
Only the Public Trustee can deal with:
- trusts of undivided shares in land where Part IV of the First Schedule of the Law of Property Act 1925 applies and
- notices on death under the Law of Property (Miscellaneous Provisions) Act 1994
Other allocations of Estates and Trust Work
There is a wide range of circumstances in which both the Public Trustee and the Official Solicitor have, in recent years, been invited to act as executor, administrator or trustee.
For some examples please see a summary of the Official Solicitor's estates and trust work, and a brief introduction to the Public Trustee's estates and trust work is also available here.
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