Part 8 Beddoe Applications

[G7ivp]

I am a defendant in a claim in Chancery. I have filed an acknowledgement, I am not going to defend the claim and I am content for the court to decide based on submissions by the claimant. Other defendants have not bothered to file acknowledgements and the deadline for doing so passed months ago. Nothing is happening. How can I move the case along?

[R0b]

Hello, you should call the court.

When you say Chancery I assume you mean the High Court, Chancery Division?

Cases through the courts don't progress as fast as you might think and we are coming up to christmas so there's likely no chance that anything is going to happen until after January now.

As above, you just need to pest the court from time to time.

[G7ivp]

Hello, you should call the court. - I did and was told that it's up to the claimant (or their solicitors) to dispense with the Case Management Conference and request a Direction from a Master

When you say Chancery I assume you mean the High Court, Chancery Division? - yes.

Cases through the courts don't progress as fast as you might think and we are coming up to christmas so there's likely no chance that anything is going to happen until after January now.

As above, you just need to pest the court from time to time.

I am concerned that the process is being used to bury the case in red tape and that the claimant will just leave it hanging.

[Amethyst]

Peridot might have some thoughts or an idea of timescales on these kind of application processes. Has a date for the CMC been set do you know?

[G7ivp]

Peridot might have some thoughts or an idea of timescales on these kind of application processes. Has a date for the CMC been set do you know?

It's been months since I sent in the Acknowledgement and nothing heard which is why I phoned the court.only to be told the next move is with the claimant.

[Peridot]

Hi G7IVP,
So the trustees have made a beddoe application for a costs order in relation to a dispute over a trust? Are you one of the beneficiaries of the trust?
If that is the case and you are not objecting to trust money being used in relation to the costs of defending a claim against them then the order may just be made.
I think a little more information on what the claim is that has invoked the beddoe application would be helpful, then we can understand what part if any you have.

[G7ivp]

I do object to the use of the estate funds but cannot afford the risk to defend the claim.

The claim was made by the executrix of a Will that, as it currently stands, I am a Beneficiary of (along with several others). It is seeking the rectification of the Will so as to legitimise an illegal distribution of the estate that has taken place (and cut me and the other Beneficiaries out).

[G7ivp]

Bump

[Peridot]

Hi G7IVP,
Have you contacted the Court to see what is happening? Have you discussed with the other beneficiaries who are affected by the claim for rectification of the Will? What is it the executrix is trying to rectify? If it is concerning a trust what sort of trust is it? If a discretionary trust you may have little chance of fighting unless you have evidence the trustees have not complied.

[G7ivp]

Hi G7IVP,

Have you contacted the Court to see what is happening?
Yes and their reply was: "The Master has directed that you be asked whether you wish for the Master to determine the claim on the papers or list it for a short hearing. The Master shall need a bundle and a draft order in any event." but I do not have the means to provide this.

Have you discussed with the other beneficiaries who are affected by the claim for rectification of the Will?
Yes and they are OK with me monitoring the situation.

What is it the executrix is trying to rectify?
They are trying to have the wording of the will changed so that the whole estate goes to the beneficiaries that survived the testator. This then deals with one third of the estate that has fallen outside of probate and should be dealt with according to the rules of intestacy.

If it is concerning a trust what sort of trust is it?
Not a Trust as such. The situation has arisen because of a badly worded Will.

If a discretionary trust you may have little chance of fighting unless you have evidence the trustees have not complied.
N/A

Peridot, I hope the information I have provided in-line is of use.

[Peridot]

Hi again,
So the issue is a partial intestacy which the executor wishes to have in their mind, corrected. I assume one of the beneficiaries of a specific legacy (not a residuary beneficiary) predeceased so that part would be dealt with under the intestacy rules. Does the executor have any knowledge of the testator's intentions. Who prepared the Will was it a professional? Does anyone actually know what the testator's intentions were when they prepared their Will. Can it be assumed that the reason you and the other potential beneficiaries under the intestacy rules were not included in the Will originally was because the testator did not wish to leave anything to those people. I don't mean to be harsh just trying to flag issues that will no doubt be raised.

I assume that had the beneficiary not passed away before the testator then you would have received nothing, is that correct?

It may be helpful if you could set out what the Will tried to do and what part has failed together with the relationships of those who are set to lose if the intestacy rules are not followed.

You say you do not have the means to provide a bundle and draft Order is this because you can't afford legal representation? What about the other beneficiaries who are potentially losing out. Can you not club together? Without understanding more of the detail it is difficult to point you in the right direction. It may be sensible for all the potential beneficiaries to club together and pay for some legal advice to see actually what their options are and whether the cost of pursuing this is worth it, bearing in mind the cost, time and stress of doing so in a matter where unless one of the beneficiaries had pre-deceased the testator you would have received nothing in any event.

[G7ivp]

There has been a development. The Solicitors for the claimant have agreed that there is no need for a Case Management Conference and that the case can move to be determined.

So, am I correct in assuming that they will need to contact the court and ask for this? How long should that take; is it a simple form or letter to the court?

My concern is that they will delay.

[Peridot]

Sorry G7IVP,

I am getting muddled here. It is difficult to answer your queries without having more detailed information about the matter. Is this a claim or an application to the Court to determine the Will due to the partial intestacy that has unfortunately arisen. You have referred to yourself as a defendant which wouldn't fit with this scenario so I am somewhat confused still.

The applicant (the executor) is asking the Court to decide the application, without making any directions for how the matter should proceed, so no further evidence or statements. If that is the case they must have indicated in their application the facts.

In order to try and point you in the right direction we really need more information about exactly what is being asked of the Court and what information has been provided to the Court. Is there a solicitors file note from when the Will was prepared for example that sets out what the person's wishes were?

[G7ivp]

Sorry G7IVP,

I am getting muddled here. It is difficult to answer your queries without having more detailed information about the matter. Is this a claim or an application to the Court to determine the Will due to the partial intestacy that has unfortunately arisen. You have referred to yourself as a defendant which wouldn't fit with this scenario so I am somewhat confused still.
Sorry, I was trying to be concise but realise it is difficult to appreciate the position without background. I, and the other 12 beneficiaries of the intestacy, together with the firm that drafted the Will in question are listed as defendants. Please see another post of mine: https://legalbeagles.info/forums/for...tion-of-a-will for more detail.

The applicant (the executor) is asking the Court to decide the application, without making any directions for how the matter should proceed, so no further evidence or statements. If that is the case they must have indicated in their application the facts.
Yes. This started as a Part 8 claim (for the Rectification) and then a Part 7 claim was issued asking if the Part 8 could proceed (and the costs paid by the estate) due to lack of pre-trial protocols not being observed. The present situation, where the Will is giving rise to the partial intestacy, is admitted and in addition to those who will loose out if the Rectification is allowed, there is another defendant - the firm who drafted the Will - from whom damages are sought if the Rectification is rejected.

In order to try and point you in the right direction we really need more information about exactly what is being asked of the Court and what information has been provided to the Court. Is there a solicitors file note from when the Will was prepared for example that sets out what the person's wishes were?
The original file from the drafting of the Will has been searched and it contains nothing from the testator as to their wishes nor direction as to what should happen in the event of a beneficiary predeceasing them (it appears that the solicitor only took oral instructions); there is only a copy letter to the testator from the solicitor asking for confirmation of their wishes (i.e. that the estate be shared equally between three people and that the bequests not pass to their children). There is only the assertion of the Executrix that the testator did not want any of the estate to go to the wider family. The beneficiary whose death caused the partial intestacy predeceased the testator by over a year so there was ample time to change the will but this was not done so it could not have been uppermost in the testator's mind.

Again, I hope I've provided enough detail. Thank you for looking at this.

[G7ivp]

Still no movement on this. How can I push the case along? The Solicitor for the Executrix keeps saying they will move to a determination 'soon' but never do and now I note that the Executrix has put her house up for sale and may 'disappear'.