Interest on pecuniary legacy under will

Monday 25 June 2012

When does a legatee have a right to interest on a pecuniary legacy under a will and what rate of interest is payable?

Legacies should be paid with due diligence and usually within the executor’s year. Paragraph 15 of Practice Direction 40A of the Civil Procedure Rules states: ‘Where an account of legacies is directed by any judgement, then, subject to - (a) a) any directions contained in the will or codicil in question; and (b) b) any order made by the court, interest shall be allowed on each legacy at the basic rate payable for the time being on funds in court or at such other rate as the court shall direct, beginning one year after the testator's death.’

The current rate payable on legacies can be checked on The Court Funds Office website. For further information please see Probate Practitioner’s Handbook available online from Law Society bookshop.