Lloyd's Estate form of witness statement

Published date21 March 2018
Lloyds Estate Form of Witness Statement

Lloyds Estate Form of Witness Statement CH 39

[Heading as in claim form]

  1. We are the personal representatives of the estate of the above-named Deceased (“the Deceased”) who died on [ ]. We obtained [a grant of probate][letters of administration] out of the [ ] Registry on [ ] and a copy of the grant [and the Deceased’s will dated [ ]] is now produced and shown to us marked “ . 1". We make this witness statement in support of our application for permission to distribute the Deceased’s estate [and to administer the will trusts of which we will be the Trustees following administration.]. This witness statement contains facts and matters which, unless otherwise stated, are within our own knowledge obtained in acting in the administration of the estate. We believe them to be true.
  1. The Deceased was before his death an underwriting member of Lloyd’s of London whose underwriting activities are treated as having ceased on [ ]. The estate was sworn for probate purposes at £[ ]. We are now in a position to complete the administration of the estate and to distribute it to the beneficiaries but we do not wish to do so [or to constitute the will trusts] without the authority of the Court because of the existence of possible contingent claims arising out of the Deceased’s underwriting liabilities for which we might be liable.
  2. The position concerning the Deceased’s Lloyd’s liabilities is as follows:

3.1 [The Deceased’s liabilities in respect of the years of account 1992 and earlier were reinsured into Equitas as part of the Lloyd’s settlement. There is now produced and shown to us marked “ .2” a copy of the certificate or statement of reinsurance into Equitas].

3.2 [The syndicates in which the Deceased participated in the years of account 1993 and later have [closed by reinsurance in the usual way] [are the subject of an Estate Protection Plan issued to the Deceased by Centrewrite Limited][are protected by an EXEAT policy obtained by the Claimants from Centrewrite Limited].

  1. There is now produced and shown to us marked “ .3” a copy of a letter dated [ ] from the estate’s Lloyd’s agents confirming that [all] the syndicates have been reinsured to close [with the...

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