Trustee Act 1956

  • repealed
  • Trustee Act 1956: repealed, on 30 January 2021, by section 162(a) of the Trusts Act 2019 (2019 No 38).
75 Barring of claims

(1)

Where a trustee desires to reject a claim that has been made, or that he has reason to believe may be made,—

(a)

to or against the estate or property that he is administering; or

(b)

against the trustee personally by reason of his being under any liability in respect of which he is entitled to reimburse himself out of the estate or property that he is administering—

the trustee may serve upon the claimant or the person who may become a claimant as aforesaid a notice calling upon him, within a period of 3 months from the date of service of the notice, to take legal proceedings to enforce the claim and also to prosecute the proceedings with all due diligence.

(2)

At the expiration of that period the trustee may apply to the court for an order under subsection (3), and shall serve a copy of the application on the person concerned.

(3)

If on the hearing of that application that person does not satisfy the court that he has commenced the proceedings and is prosecuting them with all due diligence, the court may make an order—

(a)

extending the period, or barring the claim, or enabling the trust property to be dealt with without regard to the claim; and

(b)

imposing such conditions and giving such directions, including a direction as to the payment of the costs of or incidental to the application, as to the court seems just.

(3A)

Where a trustee has served any such notices in respect of claims on 2 or more persons and the period specified in each of the said notices has expired, he may, if he thinks fit, apply for an order in respect of the claims of those persons in a single application, and the court may on that application make an order accordingly.

(4)

This section shall apply to every such claim as aforesaid, whether the claim is or may be made under the Law Reform (Testamentary Promises) Act 1949 or as creditor or next of kin or beneficiary under the trust or otherwise:

provided that nothing in this section shall apply to any claim under the Family Protection Act 1955, and no order made under this section shall affect any application for revocation of any grant of administration, whether that application is made before or after the order.

(5)

[Repealed]

(6)

On an application by a trustee under this section, the persons beneficially entitled to the estate or property need not be made parties to the proceedings, and no order made by the court on the application shall prejudice their right to contest the claim of the trustee to be entitled to indemnify himself out of the estate or property that he is administering if they have not been parties to the proceedings in which the order was made.

Compare: 1952 No 56 s 25(3), (4)

Section 75(1): replaced, on 25 October 1960, by section 11(1) of the Trustee Amendment Act 1960 (1960 No 101).

Section 75(3A): inserted, on 25 October 1960, by section 11(2) of the Trustee Amendment Act 1960 (1960 No 101).

Section 75(5): repealed, on 25 October 1960, by section 11(3) of the Trustee Amendment Act 1960 (1960 No 101).