What options are available to us when we need to make payment to a beneficiary but they are not responding to correspondence, nor cashing a cheque that has been sent to them.
Can we make an application - at the beneficiary’s expense - for the sum to be paid into Court?
How do other members deal with such a situation?
Damian Lines
QualitySolicitors Rubin Lewis O’Brien
Have you established that the beneficiary lives at the address to which you have written?
I would suggest someone might be instructed to visit the property to ascertain if the beneficiary lives there, or is known by the occupants. This could be done by an enquiry agent, or by a local solicitor. If a solicitor is instructed to call on the property and is able to talk with the beneficiary, they could explain the situation to them and ascertain the reason why they have failed to respond or take any other action.
The court may be critical if an application is made where sufficiently detailed enquiries to contact the beneficiary have not been undertaken.
Paul Saunders