Can't get an executor to provide esate account information

[justanoldun]

Thanks for your help, have written to the registrar asking her to add the penal notice and asking why I need to go to the small claims when I wish to enforce the order for costs.

[des8]

Probate registry is a division of the High Court so don't know why you were told to go to a lesser court.
Costs orders made in the High Court, whatever the value, can be enforced by a High Court Enforcement Officer (HCEO) under a writ of control. Once instructed, the HCEO will complete Form PF86A and obtain the writ of control and then commence enforcement proceedings by issuing a notice of enforcement.

*A penal notice is a warning to the respondent that disobedience to the order may be punishable by imprisonment, a fine or sequestration of assets.
*

[justanoldun]

Heard from the registrar today. The executors have ignored the direction from them.* "*The Registrar has asked me to inform you that a penal notice can be added to the order and sealed, and that to enforce order for costs, this would be a small claim in the County Court." What is a penal notice? and why do I have to go to a small claims court to enforce the order for costs? Is there no penalty for just ignoring the order from a registrar?
puzzled

[justanoldun]

Thanks for that. Shall wait until the 14 days are up as I don't believe that they can produce inventory and accounts. Then shall see what the registrar does. The executors have consistently ignored all previous requests and only recently stated that the estate is too complicated to do so and only at great expense etc etc - all explained in pseudo legalese mumbo jumbo. Of course they also throw in a lot of vitriol and lies but expected that. Thanks for your help.

[des8]

Instruct High Court Enforcement Officers if he does not pay the costs.
Their charges will also be added to the costs

[justanoldun]

costs are about 1k and I estimate that the executors have misappropriated some 21k.

[des8]

Getting the money is always the problem!

How much were the costs?
Is it going to be worth the hassle?

[justanoldun]

After a delay caused by the covid lockdown, have received a letter from Probate registry. It says that they have written to the executors to the effect that the residual beneficiary has a right to inventory and accounts - even though they may be the only beneficiary asking for them, and that they must be submitted within 14 days. I don't believe that he can do this but we shall see. Question is how do I force them - the executors, to comply with the order for costs?
tia

[justanoldun]

Thanks for that. He hasn't given reasons except that it will cost money for him to do that - provide inventory and accounts, and as HE says we are the only ones wanting it we should pay for it.* The letter is a long list of nonsense really. Oh and he doesn't think he should pay costs.
Shall wait and see then.*

[des8]

The court will look and decide whether or not his reasons are valid, and give directions accordingly

[justanoldun]

Well the summons to provide inventory and account was issued along with an order for costs. They had 28days to provide them or 14 days to give reasons why not. Today - 12 days in they have written and declined to provide them, a long rambling letter full of typos etc. Basically they say that I am the only beneficiary to ask so that if I persist then they will want paying as the estate has all been disbursed etc etc. Not true as 4 of the 14 beneficiaries have asked for the same info. The letter is copied to the registrar and I have written and said I do not agree to let the matter drop - the whole letter was more or less a veiled threat that if I force them to comply then they will want money from me to pay for the work. They also state that they don't think they should pay my costs. My question is - what happens next?
Thanks for any advice

[des8]

As they have not responded the court will give directions based on your paper submissions, unless you actually want a hearing.

You need to file and serve a statement of* costs for summary assessment* 24 hours before the hearing (but I don't think form N260 needs to be used)

[justanoldun]

Wrote to the registrar with the relevant forms - all good. Registrar asked me to give a further 7 days for them to respond, which we did. Still no response. Sent copies of letters and proof of posting and delivery to the registrar. Letter from Registrar today asking if we are content for this to be dealt with by way of paper direction order rather that a hearing. Not sure what that means. Does it mean the registrar asks for inventory and accounts from the executors? The letter points out that a hearing may still be necessary at a later date. Also asks me to submit form N260 with details of costs we intend to claim.

[justanoldun]

Thanks for that. It was my solicitor who advised taking out the summons. Hopefully the executor will see sense before we get to court

[des8]

executor's name

Do chat with your solicitor before just pushing ahead.
In probate matters there is always more to consider than can be found on forum posts