Personally serve court order?

[eckimo]

I have just obtained my second (in 11 years) inventory & account summons for the same intestate estate. The registrar added a penal notice so it states I must personally serve the court order. Does this mean employing a process server? I have no intention of going anywhere near the 2 people to be served. Thanks in advance.

[atticus]

a process server would be a good idea, then.

[eckimo]

served today and so glad I paid as the reaction wasn't good at all.

[atticus]

Well done. That sounds like the right choice.

make sure that you get certificates of service from the process server, and that you file these with the court.

[eckimo]

Thanks for that. I never even thought of filing proof with the court. Process server was very quick & efficient. I'll email them tomorrow.

[eckimo]

The Probate registry ordered the administrators to finalise the estate. Today Probate say they have reached the limit of their powers and can take no further action. The estate has not been finalised as what remains is still in my mother's (deceased) bank account. I received the same papers I received in 2017 but with a letter from the solicitor dealing with the compensation claim. I started this claim with my dad (asbestos) before he died & he signed for me to continue the claim after he passed. My brothers demanded to replace me or they would go to another solicitor, so I was removed. The claim was based on the asbestos, obviously, but also my severely disabled sister who was totally dependant on my dad.

I thought the payout would be divided equally (intestate) but the letter states the names of my mother & brothers but no mention of me or my sister. So, they received most of the money. The small amount left will be divided between them and me & my sister. Surely this can't be right? My sister was dependant on my dad for absolutely everything.

[atticus]

What are the exact words of the order referred to in post #1?

[eckimo]

should I just upload a redacted copy?

[atticus]

If that provides the requested information.

[eckimo]

They haven't complied with this because 'they cannot access the money'.

[atticus]

Is that supposed to be a reason for not doing what the order requires them to do?

Consider applying to commit for contempt. https://www.justice.gov.uk/courts/pr...tempt-of-court

[eckimo]

Is that something I can do myself? I mean, you don't have to have a solicitor? I am happy to put a bit of work in. I've spent so much on solicitors since 2014, my inheritance won't be worth much, but it's the principle.

Where would I lodge my application, would it be the High Court?
Edit: Just reading up & it says usually the court that issued the order, so that would be the probate registry but they say they have reached the limit of their powers.

[eckimo]

The probate registry sent me this reply 'The probate registry doesn't deal with contempt applications, please could you provide some more information on what exact proceedings you wish to take?'

[atticus]

At the very top of the order, does it say "In the Probate Registry"?

If so, you may have to ask the Probate Registry to transfer the case to (I think) the Chancery Division of the High Court for enforcement. This will probably need a formal application, court fee etc.

[eckimo]

it says
In The High Court of Justice
Family Division
(Probate)