Intestacy

[CharlesB]

Thats great, I will look at that later today.
Thanks again Peridot.

[CharlesB]

Hi Peridot, well, I had my court appearance today. The Administrator never turned up. The Judge will be writing to her (the administrator) and giving them 4 weeks to present the account and inventory. The administrator has also got to pay my costs.

[Peridot]

Good news, well done it can be scary doing this on your own and you've done brilliantly. Got your costs too! Hopefully the accounts will be forthcoming and then you can create your plan of action going forward.
Thanks for letting us know. It's always helpful hearing the outcomes.
Have a restful Christmas now.

[CharlesB]

Hi Peridot, thanks again for all the advice you have given me.
Have a good Christmas.
Will keep this thread updated when I have news.

[CharlesB]

deleted.

[CharlesB]

Hi Peridot,

Court Order
At the beginning of January I received a copy of the order that the District Judge sent to the Respondent (the Administrator of the Estate).
When at the hearing in December, (for which the Respondent never showed) my costs were awarded to me, this was not mentioned on the order, or any other correspondence received from the court.
I wrote to the District Judge asking why this had not been mentioned, and I am still awaiting a response.

Mentioned in the order was that the Respondent file with the court, and send me an inventory and account of her administration of the estate. The time for doing this has now passed. Apart from informing the court, what do I do? what is the next step?

[Peridot]

Hi CharlesB,
Have you contacted the Court to see if they have received an inventory and account? What timescale was given for the delivery of the accounts to Court and you? If the time has passed and the Court has received the info, then of course request a copy.

If nothing has been filed and the time has passed, then unfortunately it is potentially another application for contempt of Court as the Respondent has not complied with the Order. You can deal with the costs issue too in that application requesting a costs order in relation to all applications that have been made.

[CharlesB]

Hi Peridot,
Thank you for coming back to me, as always, it is appreciated.
I should have received the inventory and accounts from the administrator 3 days ago.
I contacted the court, but still no answer. They could take weeks to get back to me.
I have spent this morning looking for the correct form for contempt of court, is this the correct one?
If it is the correct form, do I put my costs in page 2?

Many thanks

Application to punish for contempt of court by failure to comply with court order, etc., CrimPR 48.9

[Peridot]

Hi CharlesB,

Have you spoken to the Court to see if they have received the documents? The document you have attached is used in criminal proceedings and not relevant to this application. This will be dealt with under the Civil Procedure Rules.

I would keep trying until you can speak to a human at the Court. In the meantime you also need to write to the Defendant (via solicitors if they have them) pointing out they have not complied with the Court order of xx date, stating that an inventory and estate account has not been forthcoming. Remind them they are now in breach of the order and if you do not receive the ordered docs within 14 days then you are left with no option but to make a further application to the Court which could result in contempt proceedings being brought. Confirm you will also be seeking your costs for any application that has been necessary .

Unfortunately although they are breaching the order that has already been made you are still expected to be reasonable, much as it grieves us.
If you hear nothing back then it is another application requesting further directions from the Court due to the non-compliance of the previous order and requesting a costs order in your favour in the matter. It is for the Court to decide what order and whether any sanctions attach to it although I will check how any penal notice is dealt with and let you know.

Get a letter off to the executor (recorded delivery I suggest and keep the receipt). Draw to their attention their non-compliance and provide a little time before you will make a further application to the Court . It is worth flagging the ultimate consequence of not complying with the Order ie being found in contempt of Court and the fact you will be seeking your further costs in relation to the application if it becomes necessary. It is amazing how it can focus some minds.

I will go have a root about for the form you'll need and pop back but may be a day or so. Sorry we can't just find a cell and lock them in

[CharlesB]

Thank you ever so much for your words of wisdom Peridot.

[2222]

I'm surprised more judges don't just lock up awkward litigants, but there seems to be a tendency' for the court of appeal to set them free.

Just as an example:

https://www.litigationfutures.com/ne...n-for-contempt


Any idea what will happen to HHJ Melissa Clarke?

[CharlesB]

Hi Peridot,
The Court informed me vi email that they have not received anything from the Administrator.
I am about to write to the Administrator, to request from her the inventory and account of the estate (again) and will mention contempt of court etc.

[CharlesB]

Hi Peridot,
The respondent / administrator for the estate has failed to respond to my latest letter.
Do I need to send into the court a summons and an affidavit (as I did previously for the hearing?) stating the respondent has ignored the court order?

I am still trying to find the form for application of costs. So far I have found an N260, further reading (and I could be looking at the wrong section / information for this)

Practice Direction 28a 4.3,
"the court only has the power to make a costs order in financial remedy proceedings when this is justified by the litigation conduct of one of the parties"

Many thanks

[Peridot]

Hi CharlesB,

I believe it will be necessary for you to make an application to the Court in the case, by way of application notice, for which you would need form N244. You want an enforcement order to be made by the Court as the Defendant has not complied with the Court Order dated xxx to provide an inventory and account. If contempt of Court proceedings may be needed in the future it would also be necessary to have a penal notice, attached to the enforcement too. Much as it may disappoint the Court's won't immediately lock someone up until they have had sufficient rope to basically hang themselves.

In addition you need to request your costs in the application.

Have you asked the Probate Registry what to do where the executor hasn't complied? Unfortunately they may well say 'we don't give legal advice' or some such which isn't particularly helpful to anyone.

You may need to take some further legal advice on this just to be certain of the steps I'm afraid . I have not personally had to follow up a summons order, generally the threat is sufficient for executors to comply.

I am continuing to search about but I can't see any information that sets out the next steps. Of course should I locate anything further I will of course post it here.

On a practical point, are you certain of the address of the executor? They haven't moved have they? Have you sent orders, etc by registered post?

[CharlesB]

Hi Peridot,
Thanks again for coming back to me.

I spent several hours yesterday looking online for further guidance, sadly I could not find the right info. As you say, the threat of the Court Order normally is sufficient for executors to comply.

I have emailed the court asking again if they have received anything from the Respondent.
I also asked what forms I need to file for my costs and the Respondent ignoring the court order.

The address of the Respondent is correct, letters have been signed for for the last 6 months.