Executors duty to provide beneficary with accounts when requested

[Unregistered]

Re: Executors duty to provide beneficary with accounts when requested

Hi its sam I'm having no luck I've phond the probate office in London and Birmingham for a template how to draught a summons and a free David no luck they're telling me that I need legal advice please is there anyone out there that can help me with this just need a template of how to draught a summons and affidavit thank you

[des8]

Re: Executors duty to provide beneficary with accounts when requested

AFAIK the form required is N20 (find it here: https://www.justice.gov.uk/courts/pr...es/civil/forms)

[Openlaw15]

Re: Executors duty to provide beneficary with accounts when requested

Hi its sam I'm having no luck I've phond the probate office in London and Birmingham for a template how to draught a summons and a free David no luck they're telling me that I need legal advice please is there anyone out there that can help me with this just need a template of how to draught a summons and affidavit thank you

Hi Sam

Please tell us your situation, I assume you're an affected beneficiary. In general the law permits you access to any documents relating to the deceased's person estate in some circumstances. Tell us the terms of the deceased's Will or if you want copy and paste the Will on here would be even better. What is the problem with the executors in your circumstances that you say is similar to the person who we're helping on this thread? What action have to taken already to get this sorted out, ie have you made any written requests to the executor/ executors who are managing the deceased's estate? If so, have they outright said no, and or have they gave you any reasons as to why they will not provide the documents you request? It is probably enough to tell them what the law says if they're being awkward. Alternatively, is it worth getting a court order in your favour if they refuse said requests?

[Unregistered]

Re: Executors duty to provide beneficary with accounts when requested

Hi its sam yes I am a concerned beneficiary to my mum's Estate she passed away in early last year 2015 the executors who are also beneficiaries seem to be dealing !probate wos granted October 2015 the estate consist of business properties and a house the business is run is by my two brothers who are the executors I believe they are running the business and keeping the profits for as long as they can delaying matters ie not moving forward I have wrote them 4 letters the last letter I wrote was a letter before claim they keep fobing me off saying that they will produce account before they finalize matters I believe they are keeping the estate as long as they can to make much profit as they can before they have to sell I want them to produce account now that I can see if everything is above board and there is no under handed business going on and make probate Court aware that a number of beneficiaries are not happy with the executors actions and for them to produce a inventory and account of their dealings with the deceased's estate now rather than later

[Openlaw15]

Re: Executors duty to provide beneficary with accounts when requested

Hi its sam yes I am a concerned beneficiary to my mum's Estate she passed away in early last year 2015 the executors who are also beneficiaries seem to be dealing !probate wos granted October 2015 the estate consist of business properties and a house the business is run is by my two brothers who are the executors I believe they are running the business and keeping the profits for as long as they can delaying matters ie not moving forward I have wrote them 4 letters the last letter I wrote was a letter before claim they keep fobing me off saying that they will produce account before they finalize matters I believe they are keeping the estate as long as they can to make much profit as they can before they have to sell I want them to produce account now that I can see if everything is above board and there is no under handed business going on and make probate Court aware that a number of beneficiaries are not happy with the executors actions and for them to produce a inventory and account of their dealings with the deceased's estate now rather than later

Thank you for that Sam.

You never answered my questions about the Will. It is difficult to give my opinion without really knowing the facts/ terms of the Will. What does your deceased mum's Will state about the business properties and their running? Was it her intent for example to sell the businesses on her death? Are these two brothers who are still using the business properties to continue their business after your mum's passing the executors appointed in her Will? Is the profit from the business going to the estate or into the pockets of said two brothers? Why did you late mother not want to keep the business in the family?

[charitynjw]

Re: Executors duty to provide beneficary with accounts when requested

I'm actually surprised at not being shot down by reference to Trustees Act 2000 S35 (1) & (2) !
Much easier.

http://www.legislation.gov.uk/ukpga/2000/29/section/35 ?

[Openlaw15]

Re: Executors duty to provide beneficary with accounts when requested

http://www.legislation.gov.uk/ukpga/2000/29/section/35 ?

The law is Parliament makes statutes, ie Trustee Act 2000. The courts role in the UK's constitution is to interpret statute as Parliament intended. So it takes about a year for the said statute to be enacted and about a year or two furthermore for the party to test that section of the law at Court of Appeal level, that is by this court's statutory interpretation powers. Ie the Privy Counsel in Schmidt was heard in 2003 which has relevance to how subsequent cases (ie post Schmidt) with beneficiaries rights and their access to pertinent documents or other sources affecting their beneficial rights. So common law was established in Schmidt and post it whereas said Act was not yet tested.

[charitynjw]

Re: Executors duty to provide beneficary with accounts when requested

The law is Parliament makes statutes, ie Trustee Act 2000. The courts role in the UK's constitution is to interpret statute as Parliament intended. So it takes about a year for the said statute to be enacted and about a year or two furthermore for the party to test that section of the law at Court of Appeal level. Ie the Privy Counsel in Schmidt was heard in 2003 and later cases were heard post Schmidt. So common law was established in Schmidt and post it whereas said Act was not yet tested.

Thanks, Openlaw.

It seems to me that the quoted Schedule puts executors (Personal Representatives) under the same/similar duties & personal liabilities as those of trustees.

[Openlaw15]

Re: Executors duty to provide beneficary with accounts when requested

Thanks, Openlaw.

It seems to me that the quoted Schedule puts executors (Personal Representatives) under the same/similar duties & personal liabilities as those of trustees.

Yes Charity this is the essence of the Trustee Act 2000...anything which applies to Trustees is also affective to Executors. This is logical and reasonable hence my earlier discussion.

[Unregistered]

Re: Executors duty to provide beneficary with accounts when requested

Hi its sam no one has answered my question where can I get a template forms required to compel an executor to provide a inventory an account of their dealings with the estate

[Openlaw15]

Re: Executors duty to provide beneficary with accounts when requested

Hi its sam no one has answered my question where can I get a template forms required to compel an executor to provide a inventory an account of their dealings with the estate

Sam, just quote the law we have provided on this thread. If you want, you can write a letter to the executor but before you send it off, I'll amend it with the legal stuff, ok? There is no template that am aware of for what you're asking. It's just a case of providing a persuasive letter to the executor or contact a relevant lawyer.

[Unregistered]

Re: Executors duty to provide beneficary with accounts when requested

Hi its sam after making a number of phone calls to probate court I have been told the form required is a summons form which I have been sent a copy of from the probate Court and affidavit from myself summons form some of it I can understand how to fill it but there's a part where I would like help with. . Summons form. .. in the High Court of Justice principal Registry of family division. . ( probate). . In the estate of. (deceased). .of( last known address). ... who died on( date of death). .. between. Applicant. .and. respondent .let. attend before. . The district judge sitting in court at the principle registry of the family division. Then the address or depending on what part of country or in. .. .am/pm. The day. Of. 2016. . On the hearing on an application. . On the part of. ..for. .. dated. The. Day of. 2016. .. ... This is what I have been told I need to fill can you help me filling it in please

[Openlaw15]

Re: Executors duty to provide beneficary with accounts when requested

Hi its sam after making a number of phone calls to probate court I have been told the form required is a summons form which I have been sent a copy of from the probate Court and affidavit from myself summons form some of it I can understand how to fill it but there's a part where I would like help with. . Summons form. .. in the High Court of Justice principal Registry of family division. . ( probate). . In the estate of. (deceased). .of( last known address). ... who died on( date of death). .. between. Applicant. .and. respondent .let. attend before. . The district judge sitting in court at the principle registry of the family division. Then the address or depending on what part of country or in. .. .am/pm. The day. Of. 2016. . On the hearing on an application. . On the part of. ..for. .. dated. The. Day of. 2016. .. ... This is what I have been told I need to fill can you help me filling it in please

Sam, have you told the executor the law first for executors providing beneficiaries with estate balances etc?

[Unregistered]

Re: Executors duty to provide beneficary with accounts when requested

Yes four letters up until now I sent to them I explained that the beneficiaries are entitled to inventory and account last letter I sent was marked letter before claim

[Openlaw15]

Re: Executors duty to provide beneficary with accounts when requested

Yes four letters up until now I sent to them I explained that the beneficiaries are entitled to inventory and account last letter I sent was marked letter before claim

Sam did you quote the law to them as we have put on this thread?