Can't get an executor to provide esate account information

[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]

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

[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.*

[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

[des8]

Getting the money is always the problem!

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

[justanoldun]

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

[des8]

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

[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.

[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

[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]

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.

[justanoldun]

Today received the summons with penal notice both to produce inventory and account within 28 days and also for the award of costs. The letter says I should serve it to the executors personally - does that mean by hand or can I use registered letter etc? If I have to deliver it by hand can I use an agent - one of the executors has threatened violence in the past.
Thanks

[justanoldun]

Well today received the 'so called' accounts. It seems the executor has decided to use his own private limited company to carry out the probate work so has now upped the cost to 4% + vat. The plc is an engineering projects company - how are they qualified to carry out probate? Also he has 'discovered' a family loan of £60k made to the deceased which has been paid back from the estate. So now the 14th share to each residual beneficiary has fallen by £5k - except that he has paid the beneficiaries already. He includes an invoice for the overpayment + vat which he demands be paid promptly. Hasn't invoiced son and daughter or brother-in-law and his children - all similarly overpaid however.
The summons asked for a true and honest account and inventory and this is anything but so will ask the court what they intend to do. Oh and he still refuses to pay my costs as per the summons so will be appointing a HCEO unless the court do it first.
What a mess. It now looks like some £90k has gone before disbursement.

[des8]

He might be in more trouble than he realises!

Executors can get help from third parties.
If a third party is appointed there should be a written contract setting out the work to be carried out and the fees

The rub for him is that estate administration is a regulated activity and if a third party charges for such work he must be authorised to do so by law.

.

[justanoldun]

Oh thank you so much for that information. Am writing to the registrar with a copy of his letter as I am not sure he has actually sent it to them. I believe he is just trying to intimidate to the extent that we just drop it all. No intention of doing that mind.
Thanks again