what can executors tell a litigant in person

[laney08]

what can executors tell a potential beneficiary. litigant in person.

Today, 13:50:PM
i was wondering i am acting as litigant in person and the executor of the will is a solicitor. i have made them aware of my claim under 1975 act and that i will be acting as a litigant in person. however the executor will not tell me any information at all about the will. i have to wait to talk to the beneficiaries solicitors. is this correct? what should i be able to access and be informed about if i am a litigant in person?
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[ostell]

If the will has gone to probate then you will be able to order a copy online.Â* Try here:Â*https://www.gov.uk/government/public...ment-form-pa1s

[laney08]

If the will has gone to probate then you will be able to order a copy online.Â* Try here:Â*https://www.gov.uk/government/public...ment-form-pa1s

i have a copy, but it doesn't include pension or life insurance in the amount. i have asked the executor and she will not give me any information, so i was wondering as i am acting as a litigant in person what should the executor be disclosing to me

[des8]

The executor should adopt a neutral stance.
She will be a defendant to proceedings if issued, and will have to file a witness statement setting out details of the net estate, but not much more.

So you have a copy of the will, and of the estate as declared for IHT purposes.
What more do you need from the executor for your claim for provision from the estate?

Although nominally you are claiming against the executor, in fact it is the existing beneficiaries who will be disputing your claim, unless you can come to an agreement before a court hearing (which is greatly to be recommended!)

[laney08]

The executor should adopt a neutral stance.
She will be a defendant to proceedings if issued, and will have to file a witness statement setting out details of the net estate, but not much more.

So you have a copy of the will, and of the estate as declared for IHT purposes.
What more do you need from the executor for your claim for provision from the estate?

Although nominally you are claiming against the executor, in fact it is the existing beneficiaries who will be disputing your claim, unless you can come to an agreement before a court hearing (which is greatly to be recommended!)

i have asked about the pension and life insurance which is also in the estate now, but she will not give me a figure of how much the estate is worth with those included. the estate is of relatively low value but with the pension and life insurance it will be much more. i have to act as a litigant in person as the case is not big enough for no win no fee and i cannot afford a solicitor. with these facted in it will be big enough and i will be able to get help in court if need be. i have written a letter before action claim and have heard nothing in return and the date has passed in which they had to reply. i would prefer to come to an arrangement before court proceedings.
all i need to know should the executor be able to tell me this?

[des8]

Problem for you is that that information is legally privileged and if you are not a beneficiary under the will you have no right to that information.

You may be hoping that the other beneficiaries will come to an out of court settlement.
They will be receiving advice from their solicitor about the chances of your success, bearing in mind you are a LiP.
They might fancy their chances, and even anticipate an adverse costs order against you, so don't bet on their negotiating.

[laney08]

problem for you is that that information is legally privileged and if you are not a beneficiary under the will you have no right to that information.

You may be hoping that the other beneficiaries will come to an out of court settlement.
They will be receiving advice from their solicitor about the chances of your success, bearing in mind you are a lip.
They might fancy their chances, and even anticipate an adverse costs order against you, so don't bet on their negotiating.

me acting as a lip can work both ways i have been told, they can see it as an advantage and go forward or they can see that it strengthens my case as i cannot afford a solicitor and my claim under financial provisions would be upheld. I really dont know what to do. The estate value is low but would make a big difference to myself and the beneficiaries. My pre action letter was dated and stated i would like a reply by today, giving them 3 weeks notice 21 days to respond. But i have heard nothing, i do believe the executor isnt taking me seriously.

[Manxman]

Have you considered that any pension and life insurance may not form part of the deceased's estate and won't be in the will, so have nothing to do with the executor? Either the deceased will have nominated someone to receive an insurance benefit or any pension benefit, or this will be decided at the discretion of the trustees to the pension scheme. In these cases the benefit(s) bypasses the estate altogether and goes direct to the nominated beneficiary.

I'm not certain whether the 1975 Act applies in these circumstances.

[laney08]

Have you considered that any pension and life insurance may not form part of the deceased's estate and won't be in the will, so have nothing to do with the executor? Either the deceased will have nominated someone to receive an insurance benefit or any pension benefit, or this will be decided at the discretion of the trustees to the pension scheme. In these cases the benefit(s) bypasses the estate altogether and goes direct to the nominated beneficiary.

I'm not certain whether the 1975 Act applies in these circumstances.

hi, yes the life insurance paid into the estate and so did the pension after probate. there were not any named beneficiaries on them so they were paid into the estate. thats why i wanted to know how much was the estate value after those have been paid into it. as they will be distributed by the executor in line with the other money that went through probate.

[Manxman]

The pension is payable into the estate? I've not come across that before. Quite unusual I'd have thought...

[des8]

The pension is payable into the estate? I've not come across that before. Quite unusual I'd have thought...

I'm assuming this is a Capital protected annuity, or lump sum from a pension scheme.

[des8]

me acting as a lip can work both ways i have been told, they can see it as an advantage and go forward or they can see that it strengthens my case as i cannot afford a solicitor and my claim under financial provisions would be upheld. I really dont know what to do. The estate value is low but would make a big difference to myself and the beneficiaries. My pre action letter was dated and stated i would like a reply by today, giving them 3 weeks notice 21 days to respond. But i have heard nothing, i do believe the executor isnt taking me seriously.

A claim won't be upheld just because you can't afford representation in court!

Being nosy now, but are you looking to issue the claim through the County Courts or High Court, and presumably not as a money claim.

[laney08]

A claim won't be upheld just because you can't afford representation in court!

Being nosy now, but are you looking to issue the claim through the County Courts or High Court, and presumably not as a money claim.

no i know just because i cannot afford representation it won't be upheld.
county courts

[laney08]

The pension is payable into the estate? I've not come across that before. Quite unusual I'd have thought...

yes thats what the pension scheme told me. that because there wasn't any beneficiaries they would be paying it straight into the estate for the executors to distribute inline with what the will states.

[laney08]

I'm assuming this is a Capital protected annuity, or lump sum from a pension scheme.

yes its a lump sum from the pension scheme.