IHTM28082 - Investigating liabilities: costs of discharge of receiver in lunacy

This instruction applies to estates in England, Wales and Northern Ireland only.

Under S99(3) Mental Health Act 1983 there is an automatic discharge from the date of death for a receiver in lunacy. This means that property in an estate no longer stands in the name of a receiver appointed by the Court of Protection and you should not allow any deduction for costs arising after death.

This legislation is enacted in Northern Ireland as Article 101(3) Mental Health (NI) Order 1986 except that in this case the receiver is called a controller.