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The Court Funds (Amendment) Rules 2023

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Change 1

What to do with it
As published

16 Amendment of rule 24

In rule 24 (payment to a representative of a deceased person)— (a) in paragraph (2), for “provided with:” to the end of the paragraph substitute— provided with either— (a) (i) a written request; and (ii) a sealed copy of the grant of representation; or (b) where rule 22A(1) applies— (i) an electronic request; and (ii) an electronic sealed copy of the grant of representation. (b) in paragraph (3)— (i) in sub-paragraph (a), at the end insert “and either—”; and (ii) for sub-paragraphs (b) and (c) substitute— (b) (i) the written consent of each living person named as a personal representative in the grant of representation; and (ii) a copy of the death certificate of any deceased person who was named as a personal representative in the grant of representation; or (c) where rule 22A(1) applies— (i) the electronically completed consent of each living person named as a personal representative in the grant of representation; and (ii) an electronic copy of the death certificate of any deceased person who was named as a personal representative in the grant of representation. ; (c) in paragraph (4), for “provided with:” to the end of the paragraph substitute— provided with either— (a) (i) a written request; (ii) a copy of the will of the deceased; and (iii) a copy of the death certificate of the deceased; or (b) where rule 22A(1) applies— (i) an electronic request; (ii) an electronic copy of the will of the deceased; and (iii) an electronic copy of the death certificate of the deceased. ; (d) in paragraph (5)— (i) in sub-paragraph (a), at the end insert “and either—”; and (ii) for sub-paragraphs (b) and (c) substitute— (b) (i) the written consent of each living person named as an executor in the deceased’s will; and (ii) a copy of the death certificate of any deceased person who was named as an executor in the deceased’s will; or (c) where rule 22A(1) applies— (i) the electronically completed consent of each living person named as an executor in the deceased’s will; and (ii) an electronic copy of the death certificate of any deceased person who was named as an executor in the deceased’s will. ; (e) in paragraph (6), for “provided with:” to the end of the paragraph substitute— provided with either— (a) (i) a written request; (ii) a written declaration of kinship; and (iii) a copy of the death certificate of the deceased; or (b) where rule 22A(1) applies— (i) an electronic request; (ii) an electronic copy of the declaration of kinship; and (iii) an electronic copy of the death certificate of the deceased. ; and (f) in paragraph (7)— (i) in sub-paragraph (a), at the end insert “and either—”; and (ii) for sub-paragraph (b) substitute— (b) (i) the written consent of each person who appears to have a prior right to a grant of letters of administration; and (ii) a written declaration of kinship of each such person; or (c) where rule 22A(1) applies— (i) the electronically completed consent of each person who appears to have a prior right to a grant of letters of administration; and (ii) an electronic copy of the declaration of kinship of each such person. .

Your change, as a redline

16 Amendment of rule 24

In rule 24 (payment to a representative of a deceased person)— (a) in paragraph (2), for “provided with:” to the end of the paragraph substitute— provided with either— (a) (i) a written request; and (ii) a sealed copy of the grant of representation; or (b) where rule 22A(1) applies— (i) an electronic request; and (ii) an electronic sealed copy of the grant of representation. (b) in paragraph (3)— (i) in sub-paragraph (a), at the end insert “and either—”; and (ii) for sub-paragraphs (b) and (c) substitute— (b) (i) the written consent of each living person named as a personal representative in the grant of representation; and (ii) a copy of the death certificate of any deceased person who was named as a personal representative in the grant of representation; or (c) where rule 22A(1) applies— (i) the electronically completed consent of each living person named as a personal representative in the grant of representation; and (ii) an electronic copy of the death certificate of any deceased person who was named as a personal representative in the grant of representation. ; (c) in paragraph (4), for “provided with:” to the end of the paragraph substitute— provided with either— (a) (i) a written request; (ii) a copy of the will of the deceased; and (iii) a copy of the death certificate of the deceased; or (b) where rule 22A(1) applies— (i) an electronic request; (ii) an electronic copy of the will of the deceased; and (iii) an electronic copy of the death certificate of the deceased. ; (d) in paragraph (5)— (i) in sub-paragraph (a), at the end insert “and either—”; and (ii) for sub-paragraphs (b) and (c) substitute— (b) (i) the written consent of each living person named as an executor in the deceased’s will; and (ii) a copy of the death certificate of any deceased person who was named as an executor in the deceased’s will; or (c) where rule 22A(1) applies— (i) the electronically completed consent of each living person named as an executor in the deceased’s will; and (ii) an electronic copy of the death certificate of any deceased person who was named as an executor in the deceased’s will. ; (e) in paragraph (6), for “provided with:” to the end of the paragraph substitute— provided with either— (a) (i) a written request; (ii) a written declaration of kinship; and (iii) a copy of the death certificate of the deceased; or (b) where rule 22A(1) applies— (i) an electronic request; (ii) an electronic copy of the declaration of kinship; and (iii) an electronic copy of the death certificate of the deceased. ; and (f) in paragraph (7)— (i) in sub-paragraph (a), at the end insert “and either—”; and (ii) for sub-paragraph (b) substitute— (b) (i) the written consent of each person who appears to have a prior right to a grant of letters of administration; and (ii) a written declaration of kinship of each such person; or (c) where rule 22A(1) applies— (i) the electronically completed consent of each person who appears to have a prior right to a grant of letters of administration; and (ii) an electronic copy of the declaration of kinship of each such person. .

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