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Who are the Official Solicitor and the Public Trustee?
The Official Solicitor is part of the judicial system of England
and Wales and is appointed by the Lord Chancellor. The Public
Trustee is a separate independent statutory body from the
Official Solicitor and is an officer of the court appointed
by the Lord Chancellor.
The role of both Official Solicitor and Public Trustee is
held by Laurence Oates. He has duties and responsibilities
to those for whom he acts. He is supported in his role by
about 190 staff including 19 lawyers.
What are the functions of the Official Solicitor and the
Public Trustee?
Both offices have powers and duties conferred on them by statute
and the rules of Court and in the case of the Official Solicitor,
by common law too.
The functions of the Official Solicitor and the Public Trustee
have much in common. They:
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Represent minors or adults under some form
of legal disability in proceedings in either in the County
Court, High Court or the Court of Protection and to prevent
a possible denial of justice and to safeguard the welfare,
property or status of a party subject to such proceedings. |
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Act as personal representative of an estate
or as a trustee of a trust |
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Perform such other functions as are necessary
for those people who need their services to obtain justice |
When do they become involved?
Work is only accepted on a last resort basis where, "there
is no one else suitable, able or willing to act and an injustice
would result if they did not do so". The Official Solicitor
usually acts for children or young people or for other vulnerable
individuals who cannot manage their affairs. The Public Trustee
acts as an executor, administrator or trustee and/or in the
case of a dispute between executors, beneficiaries and trustees.
How do their roles differ?
There are certain areas of work that only the Official Solicitor
can deal with due to statutory restrictions on the Public
Trustee. These include:
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Where an estate is, or is likely to be insolvent
or if a trust arises under a creditors' deed of arrangement |
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Where the deceased was not domiciled in
England and Wales at the time of death |
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Where a trust arises exclusively for charitable
or religious purposes |
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Where it will be necessary to manage a business
as part of a trust or an estate |
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Where the appointment of a guardian or "litigation
friend" is required for a minor's estate (and even
then only in specific circumstances). For further information
on the role of a litigation friend click
here. |
There are certain matters that only the Public Trustee can
deal with, namely:
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Trusts of undivided shares in land (in certain
circumstances) |
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Notices on death under the Law of Property
(Miscellaneous Provisions) Act 1994 |
The Official Solicitor may act as his own solicitor, be appointed
by the Court or instruct a firm of solicitors to act on his
behalf.
This note is intended to provide general information only
and is not intended to be comprehensive nor to provide specific
legal advice and should not be acted upon or relied upon as
doing so. For further advice on the work of the Official Solicitor
and the Public Trustee please contact any member of the trust
and fiduciary disputes team.
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