Can't get an executor to provide esate account information

[justanoldun]

Have been doing a lot or reading about ACCA and FLAC and have come to the conclusion that neither his Plc or he is qualified/allowed to charge for this work. Also been reading in the Gazette about the liability of the executor for debts owed to the estate if they disperse the estate before the debts are discovered and placing a notice in the Gazette etc. The big no no though is that, despite specific instructions in the will, the residual beneficiaries have been paid differing amounts.
My question is, will the registrar pick up on it when she sees his response to the summons? Have to be patient and wait for the deadline though. Should I whistle blow? To the ACCA? To the Law Society? At the very least will use a CCEO to recover the costs.

[des8]

The registrar should pick up on the "anomalies" automatically, but will when you calmly highlight them in your letter which you said you were sending in post 30

[justanoldun]

Have been doing a lot or reading about ACCA and FLAC and have come to the conclusion that neither his Plc or he is qualified/allowed to charge for this work. Also been reading in the Gazette about the liability of the executor for debts owed to the estate if they disperse the estate before the debts are discovered and placing a notice in the Gazette etc. The big no no though is that, despite specific instructions in the will, the residual beneficiaries have been paid differing amounts.
My question is, will the registrar pick up on it when she sees his response to the summons? Have to be patient and wait for the deadline though. Should I whistle blow? To the ACCA? To the Law Society? At the very least will use a CCEO to recover the costs.

[Kezwhi]

As DES8 said, ensure you put all of these concerns and points you have raised on this forum to the registrar.

You have all the facts and evidence that will support this case and you know that the executor has not been acting lawfully, they will too. Get your letter sent as soon as possible - make sure you list the facts and avoid, where you can, your emotional viewpoint in all of this. Meaning, just put where you think the executor has failed in their fiduciary duties, rather than bringing in your opinion. Save that for here as I know what you are going through with rogue executors!!

[des8]

Other than a telling off he is unlikely to face any sanctions.
This will be a "one off" and unlikely to occur again so the regulatory bodies will most likely say" don't do it again"
However those beneficiaries who have lost out will be able to take action to recover their shortfall

[justanoldun]

Have done that today. Will wait a bit before writing to the Executor. He has until the 28th to both produce 'true and honest inventory and account' and pay my costs.
Thanks again for your help and sorry for the duplicate post.

[justanoldun]

Today received hard copy by reg post of the executors response to the Summons(with penal notice) The accounts are still just over a single A4 sheet, no invoices or receipts etc. He attaches a sheet of paper which is titled Affidavit Statement of Truth and is signed by both executors but not sworn. I await the registrars response

[justanoldun]

Somewhat puzzled now as today received the registrar's response to my letter to them on the 6th August. They, seemingly, ignore the fact that the executors charged for probate through a company not qualified to carry out the work, that there still has been no compliance with the summons etc. They question the serving of the summons even though the executor acknowledges that they have received it. It goes on to say ''If you do proceed with enforcement, this is through a Judge of the High Court as per Civil Procedure Rules. The Probate Registrar cannot deal with enforcement.''
Of course there have been several letters from the executors and us to the registrar since then - do I assume that the registrar hasn't got beyond the 6th Aug correspondence yet?
Question is, if not the registrar, who is the body that holds executors to account?

[des8]

As the accounts provided to the court are not, in your opinion satisfactory then it is possible to apply to Court to remove and substitute him.
However be warned that this can become extremely expensive, and you are strongly advised to obtain professional advice from a contentious litigation solicitor, or at least have a fixed fee consultation to discuss your options


An application is made in accordance with the Civil Procedure Rules 57.13,

You will need to support the application with:
i)A certified sealed copy of the Grant of Probate
ii)A Witness Statement stating why you seek the removal or substitution of the Executor;
iii) details of the Deceased’s assets and liabilities;
iv) a list of those those who have documents relating to the Estate,
v)list of beneficiaries and details of their interest and finally
vi) details of the proposed substitute Executor together with a witness statement about the proposed Executor’s fitness to act

.Generally the Courts will only remove the Executor if among other things he is guilty of very serious misconduct which caused the estate suffering loss.
The Courts consider the following examples of misconduct :
-Stealing from the estate
-Failure to keep accounting records
-Failure to obey a Court Order
-Wasting or mismanaging the Estate

[justanoldun]

Given that of the 4 reasons you list as reasons to remove him, the second and third are self evident; would the registrar not take action? We cannot afford to take action through a solicitor. I thought that given the list of transgressions which is long including charging for carrying out probate and the continued refusal to show accounts etc would prompt some response from the registrar. The residual estate has been distributed - albeit not IAW the will. Now he is threatening to take action to recover those payments because he has discovered a debt of £60k (to his father) which I also understand he cannot do. It really is a can of worms.

[Kezwhi]

With regards to costs, could you not represent yourself in court as ‘litigant in person’ or could you see if there was a solicitor with a no win no fee for your case if it got to that stage? What about a law clinic in your area who can often provide free advice and support? Really hope that you get the justice you deserve as this really has been going on far too long- he has a lot to answer for!

[des8]

Reacting to what you have posted earlier I thought that the registrar might have acted under rule 41 of the Non-Contentious Probate Rules 1987.
However that authority may only be used in exceptional circumstances, and obviously these weren't exceptional enough, or the situation was consider contentious.

Your only way forward is through the High Court, which can cost '000s of £s.
That is why I suggested a way forward might be a fixed fee (or possibly free 1/2 hour) initial consultation with a specialist solicitor.
If they believe you have a good case they might have suggestions about funding the action.
If you take this course, go prepared with all your information and questions at the ready .... you don't want to waste the time of a short consultation

You may represent yourself, but be aware of the risks especially if you lose

[justanoldun]

Thanks for that.
So who acts as 'keeper of the rules' then if not the registrar? The executor is clearly not qualified or entitled to charge for carrying out probate? The executor has admitted in his statement of accounts (woeful as they are), copied to the registrar, that he has charged 4.5%+ VAT to the estate for this. Why would the registrar not pick up on that? My wife is the beneficiary and would no more wish to represent herself in court than fly to the moon.and neither would I. It seems that an executor can do as he wishes with impunity?

[des8]

Your problem is that this is a civil matter and it is for the victim to take action against the perpetrator.

If, for whatever reason, your wife does not wish to, then nothing will happen.

[justanoldun]

My wife finds the whole thing very distressing which is why it is me posting here. Initially as I said we took legal advice and these costs are the sole source of our claim. The solicitor advised us of the likely costs of litigation and, for us they are out of the question. I note your advice re fixed costs and no win no fee etc. The point is we are not persuing the matter for financial reward. We never expected to inherit anything. The main reason is that the executors are being so dishonest - in effect reducing the size of the residual estate by over 25% of a net worth of some £280k. There are 14 residual beneficiaries, two of which are my children. Litigation will never be cost effective but it would be right. My puzzle is that the executors have so obviously - by their own admission, been acting improperly. My mistake is that I thought their abuse of the rules such as charging the estate for carrying out probate would be picked up by those who I thought would police it.
Thank you for your help and advice.