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Wednesday, 3 October 2023

Companies and estates discretionary payments and grants

You might be entitled to receive a discretionary payment from dissolved company's assets or a grant from a deceased person's estate from the Treasury Solicitor.

How companies and estates discretionary payments work

The Treasury Solicitor administers the estates of persons who die without making a will and any entitled blood relatives along with collecting the assets of dissolved companies. Under certain circumstances the Treasury Solicitor can make a discretionary payment or grant to people as former shareholders and to people who the deceased might reasonably have been expected to benefit from their estate.

You can apply to the Treasury Solicitor using the contact information below.

Discretionary payments - dissolved companies

When a company can be restored, the Treasury Solicitor can make payments to former members from cash assets of the dissolved company. The maximum payment where a company can be restored is limited to £3000 although this limit does not apply to companies which can not legally be restored where different rules apply. Further guidance on discretionary payments can be found using the Treasury Solicitor guidelines link below.

If you wish to apply for a discretionary payment, then use the 'dissolved company notification form' link below and confirm the:

  • company full name
  • company registration number
  • bank name and address where account is held
  • bank account number and sort code

Or you can write to the Treasury Solicitor using the contact information below.

Debts and liabilities

The Treasury Solicitor is unable to make discretionary payments to creditors. The Treasury Solicitor does not 'step into the shoes' of a dissolved company and is not responsible for the company's debts or any other liabilities the company may have had. If you are a creditor of a dissolved company of which the Treasury Solicitor holds the assets, it will be necessary to restore the company to pursue your claim.

Discretionary grant - deceased estates

The Crown can make grants out of the assets of a deceased persons estate who has died without a will or known entitled blood relatives. This power is recorded in Section 46 of the Administration of Estates Act, which states that the Crown 'may' make provisions for the 'dependants' of the deceased and for 'other people for whom the deceased might reasonably have been expected to make provision'. It does not matter whether the dependants are related to the deceased. However, there is no obligation on the Crown to make these payments. The use of power is 'discretionary' and fair. No applicant has a right to a grant.

For guidance on discretionary grants, use the Treasury Solicitor guidelines link below and look under 'estates'. Applications for grants or discretionary payments for both companies and estates should be forwarded to the Treasury Solicitor using the contact details below.

Get in touch

If you need any further information regarding ownerless property (bona vacantia) or the Treasury Solicitor’s requirements, then please get in touch.

Treasury Solicitor's Office (BV)
One Kemble Street
London
WC2B 4TS

Tel. 020 7210 3116/3117/3239
Fax. 020 7210 3104
Email: bvinfo@tsol.gsi.gov.uk

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