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Asking Probate Registry to issue a Summons

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  • Asking Probate Registry to issue a Summons

    An Executor of an Estate I am a Beneficiary of, has ignored several attempts to obtain an Inventory and Account.

    I am about to ask the Probate Registry to issue a Summons requiring them to do this.

    Apart from my own costs (filling out the form and providing a sworn Affidavit) is the Executor likely to incur any costs and is there any risk that I might have to pay them?
    Tags: None

  • #2
    Re: Asking Probate Registry to issue a Summons

    Not unless he has valid objections and you are making a vexatious request

    Comment


    • #3
      Re: Asking Probate Registry to issue a Summons

      Originally posted by des8 View Post
      Not unless he has valid objections and you are making a vexatious request
      Thank you for responding. I suspect that there has been executor fraud and need to see where the money has gone. What valid objections could he raise?

      Comment


      • #4
        Re: Asking Probate Registry to issue a Summons

        I don't know, as I know nothing of the circumstances.
        But firstly did he obtain probate? If not you can't obtain the court order for an inventory and accounts.
        Has he finalised the estate yet?

        I agree that taking the route you are contemplating is the easiest, cheapest and fastest way of approaching the problem of a potentially dodgy executor.
        If there are problems they should show up in an examination of the inventory and accounts, and if there aren't no harm done.
        Also concentrates the mind of a wayward executor, who now finds he is under pressure and possibly subject to a court examination by a judge.

        Comment


        • #5
          Re: Asking Probate Registry to issue a Summons

          The existence of a will was kept secret, Probate was obtained months ago and the Estate is a simple one (no property to sell). I do not know for certain if the Estate has been finalised but would be surprised if it hasn't.

          I suspect Executor fraud here.

          Comment

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