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N2 probate form

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  • N2 probate form

    I am completing this form. I am the claimant but I don't know who to put as the defendant.

    I have no recourse to funds and I can't find any help.
    Tags: None

  • #2
    Details of your claim and why you are making it please.

    Without that information, the best I can say is that your defendant may - that is may - be the executors named in the will.
    Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Originally posted by atticus View Post
      Details of your claim and why you are making it please.

      Without that information, the best I can say is that your defendant may - that is may - be the executors named in the will.
      Okay.
      I am applying to remove the Executors from my mother's Will, an 89 year old with dementia, they were both LPAs. One Executor is withholding my mother's death certificate, the original Will and details of her accounts when requested to provide them, he also misappropriated her assets. He abducted her to Thailand where she died.
      The second Executor, was aware of the conduct and on advice resigned his LPA based on what he describes as fraudulent activity, but he did not inform the authorities of this conduct at the time thereby enabling this elderly abuse.

      So, in answer to by OP, would this be the Executors, clearly its not my mother.....

      Comment


      • #4
        Beneficiaries need to make an application to the Court under the Senior Courts Act Section 116 to remove an errant executor.

        Please read the article at http://www.redkitesolicitors.co.uk/a...u-need-to-know

        Comment


        • #5
          A claim to remove executors will name those executors as defendants.
          Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

          Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment


          • #6
            When making a claim, Civil Procedure Rules must be followed
            You should read Practice Direction 57 Probate and in particular section III Substitution and Removal of Personal Representatives
            After reading the process you will probably realise why most claimants employ a lawyer experienced in contentious probate
            You should consider contacting a lawyer and ask about legal aid, a no win no fee agreement, after the event insurance

            Comment


            • #7
              I am looking into the posts that are gratefully received.

              Comment

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