Page 1169 - IOM Law Society Rules Book

PART 13: SPECIAL TYPES OF CLAIM

(ii) the value of their interests in the estate so far as they are known;
(c) whether any living beneficiary (and if so, naming him) is a minor or patient;
and
(d) any facts which might affect the exercise of the court’s powers under the Act.
(6) After the expiration of 21 days from service of the claim form, any party may
apply to the court for directions.

13.35 Administration of estates and trusts (64.2-4)
(1) This rule applies to claims —
(a) for the court to determine, or for its opinion, advice or direction on, any
question arising in —
(i) the administration of the estate of a deceased person; or
(ii) the management, administration or execution of a trust;

(b) for an administration order;
(c) under the Variation of Trusts Act 1961;
(d) relating to a charitable trust; and
(e) under section 51 of the High Court Act 1991 (action authorised in reliance on
counsel’s opinion).
(2) In this rule —

‘administration order’ means an order for the administration of the estate of a
deceased person, or the execution of a trust, to be carried out under the direction of
the court;
‘trustees’ includes executors and administrators.
(3) Any claim under this rule must be made by issuing a claim form, and shall be
allocated to the chancery procedure.
(4) In a claim to which this rule applies, other than an application under section
51 of the High Court Act 1991 —
(a) all the trustees must be parties;
(b) if the claim is made by trustees, any of them who does not consent to being a
claimant must be made a defendant; and
(c) the claimant may make parties to the claim any persons with an interest in or
claim against the estate, or an interest under the trust, who it is appropriate to
make parties having regard to the nature of the order sought;
(d) in the case of a charitable trust, the Attorney General (if not the claimant)
must be made a defendant.
(5) In addition, in a claim under the Variation of Trusts Act 1961, unless the
court directs otherwise any person who —
(a) created the trust; or
(b) provided property for the purposes of the trust,

must, if still alive, be made a party to the claim.
(6) Where an application is made for an order under section 1 of the Charities
Act 1962 relating to a charitable trust—
(a) there must be filed with the claim form —
(i) a copy of any trust instrument relating to the trust;
(ii) a summary of the assets (distinguishing between permanent
endowments and other assets) and liabilities of the trust; and

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