Order for approval of compromise
Published date | 21 March 2018 |
Subject Matter | Chancery forms |
Order for Approval of Compromise CH 32
IN THE HIGH COURT OF JUSTICE Claim No. -
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
[ LIST](ChD)
Master [name]
[Day, month, year]
In the estate of [name, deceased]
B E T W E E N:
ABCDEFG
Claimant
-and-
HIJKLMNOP
Defendant
_________________________________________
ORDER
_________________________________________
UPON the application of the [party] by Part 8 claim form dated . . .
AND UPON HEARING [names of the advocates and/or those given permission to address the court] for the Claimant / the Defendant
AND UPON READING the Court file and Probate of the will of …….(name) deceased/ Letters of Administration of the estate of the above deceased granted on (date) to (name)
AND UPON the Claimant and the Defendants other than the …………(specify) Defendant having agreed to the terms of compromise set out in the attached schedule and consented to this Order
AND UPON the Court being satisfied that the above terms of compromise are for the benefit of the (party) and approving the above terms
IT IS ORDERED that:
(1) the (party) as Personal Representative of the above deceased has permission to and shall carry the above terms into effect
(2) there be subject to detailed assessment
(a) if not agreed / if not required, the cost of and incidental to the Application of the (parties)as Personal Representatives
(b) the costs of and incidental to the Application of the Claimant and the Defendant
(3) the costs specified in (a) and (b) above shall be paid out of the estate of the deceased in the due course of administration
(4) a memorandum of this Order shall be endorsed on or permanently annexed to the above Probate / Letters of Administration
(5) this order shall be served by the Claimant on the Defendant
Service...
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