Injunction appropriate?

[Donchik]

Hello I'm the Sole Executor of my late father's estate. It has been a steep learning curve, however with some advice I've successfully done almost everything.

The outstanding issue I have is unsubstantiated allegations of executor "Breach of Duty"

Despite repeatedly requesting the allegers tell me what I'm supposed to have done wrong they simply ignore me or point blank refuse. At one point the response was I'll proceed when I wish, not when you want!

Feels a lot like harassment, and concerns me even though I shouldn't let it get to me.

As I approach the completion of the administration I need to close off these allegations. Basically I need to force disclosure of the complaint or get an undertaking that they're withdrawing the allegation and will not repeat.

Would you think seeking an injunction was an appropriate step?

Any suggestions most welcome.

Thanks Donchik

[Donchik]

Hello,

I did not receive a response to the above query, so have decided to proceed.

I have sent a pre-claim notice to the parties with a deadline for disclosure.

Could anyone confirm if this is the correct form (N16A) to use should, as I expect, no response be received: https://www.gov.uk/government/public...n-general-form

Would you believe I should push this as a matter of harassment?

Also could anyone advise on the appropriate court to present the injunction too?

Many thanks, Donchik

[R0b]

Hello

Peridot is the resident expert on this area of law so just tagging to prompt a look.

Also gonna tag Des who might be able to provide some feedback.

[des8]

To whom are they making the allegations?

If it is just you, you could consider a civil action under provisions of Protection From Harassment Act 1997 (sec 7 defines harassment)
You can claim damages or just seek an injunction to prevent further.

If untrue allegations made to others there could be a case for claiming under the Defamation Act 2013, but normally impractical because of costs
Unless both parties agree, hearings will be in the High Court

You've used the form I would have used, combined with a witness statement

[Donchik]

Hello Rob, thanks for the "Bump"

Thanks Des8 for the response.

FYI: The allegations were made first direct to me in emails, and then through their solicitor. All attempts to have them withdraw or disclose have gone nowhere and they even ignored my solicitor at the time. (Now handling myself due to cost)

Just to clarify, would you refer to the harassment in the attached witness statement to N16A as in your response, or simply highlight that you believed it constituted harassment.

Also do we have any examples of completed N16A forms within the forum documents? It would be great to see the correct approach to wording.

Finally I understand it is normally a requirement to physically serve an injunction to the (injuncted) party. As they're not very pleasant, nor close, would it be appropriate to ask the judge for permission to serve the documents by post (Signed/Special Delivery etc)

Many thanks,
Donchik

[des8]

Looking back over this thread I wonder if going for an injunction is the right way.

As executor you have a duty to deal with the estate in an expeditious manner.
You are about to finalise matters but are hesitating due to allegations that you may have breached your duties, but there is no specification of how or which duty.
As an Executor you have a statutory duty to carry out the administration of an estate with care and skill. These duties are intended to ensure that you act in the best interests of the beneficiaries and avoid loss or injury to the estate. If you breach your duties as an Executor you can be held personally liable.
Have you no idea of why they allege your breach of duty?

Presumably the disgruntled(s) is/are a beneficiary(ies), specific or residuary?
Did you take out Executor's Insurance?

You say the allegations feel like harassment, but do they actually reach the threshold of harassment?
It is not a question of your belief, but what the court decides.

If this is just one beneficiary being awkward, it might be more effective to write to all the other beneficiaries advising that distribution cannot go ahead as there is the possibility of a claim by XX, the defence of which might deplete the estate.

[Donchik]

Hi Des8,

I do not have "Executor Insurance", did not even know it was a thing...

I did have legal support during the active period of the executor role, and followed the advice given. Due to a later conflict of interest, partly caused by the allegations I needed a second solicitor. Both solicitors cannot work out what I might have done wrong. The threat is considered "Vexatious" by the second solicitor who initially dealt with it.

Having read the Section 7 above, I'm confident this is harassment by these definitions. Truth is the alleging parties are using the allegations as a threat against my wife and I to force us to sell a share of the inheritance below market value. It is harassment, and an abuse of process but, as executor, if I can force disclosure I can either resolve the complaint, or dismiss it removing the threat against my wife and I.

I cannot hold up distribution as I have already distributed to the beneficiaries, it is only recovery of testamentary expenses and these allegations which need resolution before I can reasonably consider the administration closed.

I feel out of options, and would prefer not to attempt this injunction process, however having this threat held over me like a "Sword of Damocles" is not an option. I'm hopeful that such an injunction will permit it's removal as a threat and then progress on other matters can be made equitably.

Best regards,
Donchik

[des8]

"the alleging parties are using the allegations as a threat against my wife and I to force us to sell a share of the inheritance below market value"
Presumably to sell to them?

If so Sec 21 of the Theft Act 1968 might be of interest

[Donchik]

Hi Des8,

Many thanks, I doubt I'll be pursuing theft yet

I've started filling out my N16A and most appears to be OK. I have run into a few technical and legal issues.

1. I have the court name ok, but below that both fields for the Claimant, and Defendant ask "and Ref." What, if anything, is the "Ref."
2. Am I ok, to add multiple defendants in the form where it asks "Defendant's Name and Ref", or do I need to create multiple N16A forms one for each party. If so, can I tie these together as a single request for an injunction? (Not planning to do individually, but if necessary wish to mitigate costs and time)
3. Technically how do we handle issues where the fields in the pdf are too small for the number of letters needed. Is there a continuation for of some kind, or can I simply refer to my statement?
4. The tick boxes at the top are:
   • By application in pending proceedings (Not sure if I should select)
   • Under Statutory provision (Plan to select and insert "Protection from Harassment Act 1997")
   • This application is made under Part 8 of the Civil Procedure Rules (Plan to select and attach completed N208 form)
   • This application raises issues under the Human Rights Act 1998 (Plan to select [NO])
5. "The grounds of this application are set out in the written evidence"; Would I put myself in here and I assume I need to get it "Sworn". Can this "Swearing" be arranged when I file the application at the court, or do I need to arrange some other acceptable method, if so what methods are acceptable. Do I need to use a special court form to make my "Sworn statement"?

Many thanks for your support and advice.
Donchik

[Donchik]

Hi Des8,

Did you have a chance to look at this query?

Thanks
Donchik

[des8]

Sorry, missed your post 9
1, Ignore "Ref" unless you are running an office
2. Don't know if you can use one form for multiple defendants.. How many are making these allegations? Why not just proceed against the main man as the others will possibly then back off?
3.You could print the form and then complete by hand, or try precis, or I suppose attaching a continuation sheet
4 By application in pending proceedings Select if making a claim.
Rest OK
5.Yes, you!
signed witness statement/timeline, pre action letter, with evidence will suffice rather than sworn affidavits