Civil Proceedings Regulation 2024
sec.18Payment if person named in court order has died
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sec.18 Payment if person named in court order has died
This section applies if— a court orders money in court or securities in court to be paid to a person; and the order is to pay the person in the person’s own right or for the person’s own use, and not to pay the person as a trustee or personal representative; and the person dies before the payment is made; and the court does not, in that court order or any other court order of which a copy has been given to the registrar, state how payment is to be made if the person dies before payment is made; and for an order that named the person other than as a creditor—the registrar is satisfied the person died after the order was made. The chief executive may pay the money or securities under the court order to the person’s personal representative. (sec.18-ssec.1) This section applies if— a court orders money in court or securities in court to be paid to a person; and the order is to pay the person in the person’s own right or for the person’s own use, and not to pay the person as a trustee or personal representative; and the person dies before the payment is made; and the court does not, in that court order or any other court order of which a copy has been given to the registrar, state how payment is to be made if the person dies before payment is made; and for an order that named the person other than as a creditor—the registrar is satisfied the person died after the order was made. (sec.18-ssec.2) The chief executive may pay the money or securities under the court order to the person’s personal representative.
- (a) a court orders money in court or securities in court to be paid to a person; and
- (b) the order is to pay the person in the person’s own right or for the person’s own use, and not to pay the person as a trustee or personal representative; and
- (c) the person dies before the payment is made; and
- (d) the court does not, in that court order or any other court order of which a copy has been given to the registrar, state how payment is to be made if the person dies before payment is made; and
- (e) for an order that named the person other than as a creditor—the registrar is satisfied the person died after the order was made.