Could someone please explain the use of a citation to 'motivate' an executor

[learning]

Hello
I have heard that a caveat can be used or issued or whatever the correct terminology is when it is felt that the executor of a will is being 'slow'.

Could someone please explain the usage of this legal 'tool' and any legal consequences of its use.
Thank you.

[Amy]

Re: Could someone please explain the use of a caveat to 'motivate' an executor?

I have not heard of a caveat being used to speed up a procedure. It is in fact, used for the exact opposite.

A caveat is issued/used to stop or delay a procedure, in this instance, the granting of probate.

From what you have written above, I do not think this is what you are trying to achieve.

[learning]

Re: Could someone please explain the use of a caveat to 'motivate' an executor?

Ah, thanks, I'll have to dig out the email in which that advice came, I may have the word wrong, whoops!

[learning]

Re: Could someone please explain the use of a caveat to 'motivate' an executor?

Whoops, the word was citation!
Therefore I will start a new thread with the correct title and can a mod delete this thread

[learning]

Could someone please explain the use of a citation to 'motivate' an executor

Hello.
Correct word this time. :tung:
Could someone please explain the use of a citation to speed up the administraion of a will by an executor?
Also what are the legal consequences of such an action?
Thank you

[enaid]

Re: Could someone please explain the use of a citation to 'motivate' an executor

Firstly has a Grant of Probate been obtained?


If the beneficiaries have serious concerns regarding the ability of an Executor to perform his duties, the beneficiaries must firstly write to the Executor and ask him to explain his actions. If an explanation is not forthcoming or the beneficiaries are not satisfied by the Executors’ explanation, he or she may make an application to Court to remove or substitute the Executor.

[learning]

Re: Could someone please explain the use of a citation to 'motivate' an executor

Thanks for the reply.
I do not know if probate has been obtained.
The executor communicates with me infrequently and has not answered specific questions I have asked, I am the residuary legatee and principal beneficiary.
I have been advised that this side of the executor's year boundary ( which is soon up) my chances of having the executor removed are slim and that in any event it can be a long and costly process.

[enaid]

Re: Could someone please explain the use of a citation to 'motivate' an executor

Ok you firstly need to find out about probate, I would do this in writing. In the letter I would alsoadd this in the letter, just to nudge him/her a little.
' If a named Executor refuses to apply for a Grant of Probate, the beneficiary or next of kin may write to the named Executor and put him on notice that an application will be made at Court, appointing someone else to administer the Estate.'
Then ask if indeed probate has been granted then you would like an account of the administration of the Estate.

[learning]

Re: Could someone please explain the use of a citation to 'motivate' an executor

Thanks for that.
Given that the end of the executors year is only a few weeks away I am going to wait until then before attempting any further contact with the executor. If at the end of the executor's year things remain unchanged then I think I will have my solicitor write the letter you propose or their version of it.
That is why I am asking about the citation thing, so that I don't go to my solicitor and make a clutz out of myself, eg the caveat/citation whoopsie, by asking about something totally irrelevant to the situation.

[learning]

Re: Could someone please explain the use of a citation to 'motivate' an executor

Well I have written to my solicitor to arrange a meeting but in the mean time I have been surfing and posibbly found some information

http://nt6342.vs.netbenefit.co.uk/se...nscript_FM.pdf

The next two are links to different versions of the same document by the N.I. courts my PC wont open the first PDF

http://www.courtsni.gov.uk/NR/rdonlyres/259786FF-47FA-4C36-B820-
92193D3A0BD4/0/p_pco_Caveats_Warnings_Appearances_Citations.pdf

but will open the 2nd PDF

http://docs.google.com/viewer?a=v&q=...zgXibScaLQ-oVg
:tinysmile_aha_t:

Citations starts on page 15

[learning]

Re: Could someone please explain the use of a citation to 'motivate' an executor

Update, last week I recieved a letter from the executrix (sounds like a character from Astrix the Gaul) stating that probate has been applied for. My own solicitor suggests that applying a citation is now no longer required.