Make a claim for money held by the High Court Chancery Division
Guidance for applications to claim money paid into the court following proceedings for property possession or a shareholder dispute.
Overview
This guide will help you complete an application to the High Court Chancery Division to reclaim money paid into the court on your behalf:
- following proceedings relating to repossession of property
- in line with section 63 of the Trustee Act 1925
- if you are a shareholder who disagrees with a major decision made by a company
To apply, you will need to complete and return an:
- application notice (Form N244)
- evidence of identity and declaration in support of an application form (CH60)
Property repossession
After a property has been repossessed, if there are surplus funds and it’s not possible to locate or identify who might be entitled to those funds, they are held by the Chancery Division. You can use form CH60 to provide evidence of your identity and submit it with your application notice to claim any funds to which you may be entitled.
Section 63 of the Trustee Act 1925
Section 63 allows trustees to pay trust money into court in certain circumstances – for example, where they have been unable to locate a beneficiary or obtain their bank details.
You can use form CH60 to provide evidence of your identity and submit it with your application notice to claim any funds to which you may be entitled.
Shareholder disputes
When a company is being taken over, an offer is made to the shareholders by the company making the takeover bid. Sometimes the sale can proceed even though not all shareholders have accepted the offer. These are known as ‘dissentient shareholders’ and their names are held on a dissentient register. Funds to the value of their shares might then be paid into court by the company. These funds are held by the Chancery Division.
If you are a dissentient shareholder, you can use form CH60 to provide evidence of your identity and submit it with your application notice to claim any funds to which you may be entitled.
Check if there’s money you’re entitled to
You must check if there’s unclaimed money you’re entitled to from a civil court in England and Wales.
If you think the Courts Funds Office (CFO) is holding funds and you want to find out how much money is being held, you must contact and ask them to make a search.
Court Funds Office
Sunderland
SR43 3AB
Telephone: 0300 0200 199
Monday to Friday, 9am to 5pm
Find out about call charges
Email: enquiries@cfo.gov.uk
If you have a reference number from your online search for unclaimed court accounts, you must quote this when you contact the CFO.
If you find that you’re entitled to money held by a civil court, you must complete an application notice: form N244. You must include:
- the grounds of your appeal
- any evidence you have
If you do not complete the application notice correctly, your application may be delayed.
Provide evidence for your application
In your application or witness statement, you must include any evidence you have that shows that you’re owed money. This should include any relevant documents, including:
- grant of probate
- letters of administration
- birth certificates
- marriage certificates
- death certificates
- share certificates
You must send photocopies of any documents you want to include as evidence. If you’re submitting share certificates, you must send the original certificate if you have it.
You must also include evidence of your identity.
Complete the evidence of identity and declaration
You must download and complete the evidence of identity and declaration form (CH60) and submit it with your application. You must provide:
- evidence of your identity
- proof of your address
- your declaration
- the bank account that the money can be sent to if the application is approved
Other evidence you may need to provide
If anyone else has a claim to the money
You must state whether anyone else has a claim to the money, or part of the money, and if you think they have a valid claim.
If so, you must provide their:
- name
- address
- contact details
If you do not have their current contact details, you must state this in your application. You can give the last contact details you have for them.
If you’re entitled to only part of the money held in court, you must clearly state what share you’re claiming, and why you’re claiming it.
Bankruptcy orders
If a bankruptcy order has been made against you, you must give the name of your trustee in bankruptcy, even if the order has been discharged. You must explain why the money you’re claiming belongs to you and not to your trustee in bankruptcy.
If you’re claiming on behalf of a person who has died, or as a personal representative and not as a beneficiary under the deceased’s will or intestacy, you only need to provide this information about the deceased person.
Sale of land or property
If the sum of money being claimed is from the sale of land or property that was paid to the court, you must provide evidence that shows you:
- had title to that land or property before it was sold
- are the person named on the title of the property, for example a utility bill addressed to you at that property
In your supporting statement you must either:
- state that you’re not aware of any other people that have an interest in the land or property
- give details of any other people that have an interest in the land or property and explain why they do not have an interest in the money held in court
Unclaimed shareholders
If the sum of money being claimed is from shares deposited into court from unclaimed shareholdings or dividends, you must provide the relevant share certificates if they are still available.
Shares that were jointly held with a shareholder who has died will normally pass to the surviving shareholder. If you’re making a claim to funds as a surviving shareholder, you must sign a declaration to say that:
- you’re entitled to the shares
- you know of no one else who may be entitled to them
Personal representative of a deceased person or beneficiary of an estate
You must provide evidence of your right to claim if you’re either:
- claiming as the personal representative of a deceased person
- the beneficiary of an estate
You must provide a copy of either the:
- grant of probate
- letters of administration
Submit your application
The application fee
When you submit your application and evidence, you must include the fee of £61. The fee is non-refundable. The sum of money you’re entitled to may be less than the application fee.
Submit your application online
You must submit your application and pay the fee online using the HM Courts and Tribunals Service (HMCTS) E-Filing service if you’re a:
- solicitor
- trust research or beneficiary tracing firm that locates and recovers unclaimed assets on behalf of beneficiaries
You can find out how to register for and file your documents using the E-Filing service.
If you’re representing yourself in court, you can use the HMCTS E-Filing service. You do not have to, however it is the quickest method. You will also be able to pay the court fee through E-Filing. Alternatively, you can submit your application by post.
Submit your application by post
Send your application, evidence and fee to:
Business and property courts of England and Wales
Chancery Division, Miscellaneous Payments Team
7 The Rolls Building
Fetter Lane
London
EC4A 1NL
You can pay the fee by:
- postal order
- banker’s draft
- cheque
The fee must be made payable to ‘HM Courts and Tribunals Service’.
Get help and support
Support with your application
If you’re having difficulty proving your claim or completing the form, you can contact Citizens Advice.
Citizens Advice
A charity and network of local charities, offering free, confidential advice online, over the phone, and in person.
Chat online with an advisor
Monday to Friday, 9am to 5pm
Closed on bank holidays
Telephone: 0800 144 8848 (England), 0800 702 2020 (Wales)
Monday to Friday, 9am to 5pm
Find a service near you (England only)
Existing claims
If you have any questions about an existing claim, you can contact the Miscellaneous Payments Team:
Telephone: 020 7947 7929
Monday to Friday, 9:30am to 4:30pm
Email: chancery.miscellaneouspayments@justice.gov.uk
We aim to respond within 5 working days.