Intestacy

[CharlesB]

yes, my solicitor has quoted me £25 + VAT to swear it.
I did check up and you are right, according to the Commissioners for Oaths, 1993, it should be £5.00

[Peridot]

Cheeky whatsit! It is galling as a solicitor that we can't charge the same fee as the Courts but the swear fee is fixed for us. You did your research Having said that is he willing to check the document too? I doubt it but then again they can refuse to swear the document if you refuse to pay what they have asked, saying they are too busy to fit you in. It may be you need to approach another firm but that is your decision of course.

[CharlesB]

They wanted £250 + VAT to check the documents / assist filling in it.
I have written back to my solicitor providing a web link to the cost.

I will look elsewhere, as the letter they sent to the administrator a few months back on my behalf, was typed up wrong. They got the deceased and the administrator names round the wrong way. They had sent the letter out and only gave me a copy afterwards. I got them to resend it, but I wasn't happy to have paid £250 + VAT and that happen. I felt like it made me look stupid and unprofessional.

[Peridot]

Oh dear, mistakes do happen but that is a bit of a glaring one getting those names muddled!
Hopefully you'll find someone local.

[CharlesB]

Hi Peridot,
Another question (please see attached)
Should I date this or does the court date it? If I have to date it, do I do it before I send to the court or when I get it back?
Many thanks

[Peridot]

Hi CharlesB,

Is that on the swear bit of just on the summons. The swear part will be dated when you see the solicitor to 'swear' it. The summons will be completed by the Court.
Hope that helps?

[CharlesB]

Hi Peridot, I now have my date for the Probate Court.
There are a few things racing through my mind now.

As I have proof requesting the account and inventory from the administrator, and the administrator ignored my requests and failed to respond to any of my letters, will it be possible to request my expenses at the hearing?

Also, the cost of the hearing? Will I have to pay that? and if so, when? before the hearing or after?

When I am in court, will I be allowed to expect copies of the inventory and accounts to keep?

Another thing that I have thought about is, when the administrator went to see their solicitor to apply for the grant of administration, I can guarantee they left me out when it came to naming the beneficiaries (if naming of beneficiaries is part of apply for the grant) Can I get hold of the Grant of Administration? or will the judge have that to hand?

Another thing, as the death of my Mother was in Jan of this year and the Grant of Administration was dated March this year, will the court think I am being too hasty in requesting the account and inventory? obviously, I don't want to come across as the bad guy.

Many thanks

[CharlesB]

Hi CharlesB,

Is that on the swear bit of just on the summons. The swear part will be dated when you see the solicitor to 'swear' it. The summons will be completed by the Court.
Hope that helps?

... would it also be advisable to send in the correspondence, my costs etc to the court prior to the hearing?

[Peridot]

Hi CharlesB,
Apologies for delay coming back to you. The date you've received is that for a hearing which you are expected to go to or are the Court dealing with it with no parties in attendance?
Your affidavit set out the facts so far but I would ensure you have all your paperwork together and in date order, if you are required to attend so that if asked you can show any document/letter to the Judge. You will need the Grant too. The Judge will only have one if it has been provided, they don't automatically get documents.
Has a hearing fee been requested?

[CharlesB]

Hi Peridot, thanks again for coming back to me.

The summons form I sent into the court came back with a time and date on it.
No mention of a fee for the hearing, which I thought was strange.

I am currently compiling my paperwork, death certificate, grant, letters previously sent to the administrator, signed for receipts, my costs (i.e. post, solicitors letter, costs for attending the hearing coming up) I thought it might be a good idea to send a copy in prior to the hearing.

I don't know if you know the answer to any of these, but if the account and inventory are presented, will I be allowed copies?

I do believe that when the administrator went to see her solcitor to get the letters of grant, I possibly believe that I was not mentioned a beneficiary. Can the court get hold of this or mention this in court?

Have I requested this hearing in a timely fashion? Mother died in Jan this year, Grant of Administration were produced in March. I don't want to come across as the bad guy.

[Peridot]

Hi again,

Did you request a hearing when you applied?

All you are asking for is that the accounts be provided to you. It may be that the administrator says they are not ready yet in which case there is little you can do at this stage. If the estate is straightforward then it is possible they have been nearly completed if not already. However if there are any complications then it may be a little premature, but don't panic.
If the account is available then the Court would order that you be provided with a copy it may not happen on the day though. She was well aware of your existence long before the 6mths was up, as you'd sent registered letter by then too?
There is no harm in preparing a bundle of the documents that you refer to in your affidavit for the Judge if he wishes to see documents. Take everything with you. Is the administrator attending too?
The court will be looking at the reasonableness of the Administrator in for having provided the accounts when requested. There may be some criticism for the time of the request however if your affidavit has set out the history and the requests that have me==been made and the methods ie registered post etc then the Judge should understand why this has been done.

[CharlesB]

Hi Peridot,

In my summons:

"On the hearing of an application on the part of xxxx as lawful son of xxxx, and one of the persons entitled to a lawful share of her estate.
For a true and perfect inventory of the estate of the deceased and to render a just and true account of their administration of the estate of the deceased and to file it in the London District Probate Registry within 21 days from the date of service of the order upon them."

In my affidavit:

Requested a summons be issued for the administrator to produce the inventory and account of the estate.
The date of death and the date of the grant.
That all my letters to the administrator had been ignored.

So looking through my paperwork, when I wrote to the Probate court asking for the correct forms, the blank summons sent to me to fill in, already had the words "On the hearing of an application ....."


The estate is straightforward, small amount, no property involved.

Registered letter (signed for) was sent within the 6 months.

I don't know if the administrator (the sister is attending) I have not heard anything from the court or from the administrator. Court hearing is next month.

I have written to the court asking about the payment for the hearing. I might be premature in filing this with the court, but the administrator has failed to notify me or acknowledge my letters, so hopefully I can claim my expenses for all of this back.

[Peridot]

Have you notified the administrator that you have made an application? Did you set out in the affidavit what has gone on dates of letters etc?
Better to be on top of it so no harm getting in order now. Do check whether any copies of court notices need to go to the administrator.

[CharlesB]

Prior to the Affidavit and Summons being sent to the court, I wrote to the administrator and informed her that as I had not had any response to my letters, I would have to file this with the Probate Office. I gave it 2 weeks, no response, so filed it with the court. Once I got the Affidavit and Summons back and sealed, I sent the Administrator her copies.

I didn't set out the dates of sending letters, only mentioned I had no response to my letters, no reply to the solicitors letter.

I have started to put together a document for the court (timeline, letters, signed for receipts, grant, etc. I will also put in there my expenses to date. Hopefully there is a practice direction? that I can state where I get my expenses back.

Once it is finished, I personally think it will be a good idea to forward a copy to the court, maybe the administrator.

[Peridot]

Hi again,
It would be a good idea to ask for an order for costs at the summons as it can be dealt with there and then by the Registrar. You will need to set out your expenses and also send a copy to the administrator prior to the hearing. You can include any expenses incurred. If you have receipts all the better. Don't forget to include postage and travel to the hearing. In addition you can request that your costs for completing the application as a litigant in person (LiP) also be considered.
Calculate the time you have taken (this must be reasonable hours rather than days but include pre application work ie letters sent etc separate from the hearing costs section. As LiP what you can claim is included in Part 46 of the Civil Procedure Rules - scroll down to 46.5 here:- https://www.justice.gov.uk/courts/pr...ial-cases#46.5
Hope this helps