Strike Out

[Chillers]

How do I oppose a threatened summary judgement and strike-out?

[Amethyst]

Submit a witness statement stating your opposition and reasons why you should be allowed to
proceed ( reasonable prospect of success )

What's the case ?

[Chillers]

How do I oppose a threatened summary judgement and strike-out?

I have filed an application with the Court for a settlement agreement to be set aside. This was signed in reliance on warranties and declarations that had been made by the executrix of my late father's Estate, which we subsequently know, from totally reliable original documents that have recently been disclosed, were false.

For example, a very large sum was formally declared in support of the probate grant but never disclosed to the beneficiaries. In other words, the executrix pocketed all of this, but then kept very quiet for the next 8 years, claiming simply that there were no assets or cash in the Estate to be distributed.

I have now filed an application for this settlement agreement to be set aside on the grounds of fraudulent misrepresentation (quoting Hayward v Zurich 2016), and in addition, for the executrix to produce proper and full Estate accounts - she was ordered to do this by Court Order in May 2015 but simply ignored the Order and, again, by Court Order in October 2017, it was confirmed that no accounts had ever been submitted.

I have also requested in this application for a full trace on an expensive property the executrix purchased in 2012, from funds in the undistributed Estate, and for deeds of assignment and witnessed authorities from my late father, for the transfer of 4 investment bonds totally just over £1M during the last 3 weeks of his life, when he was bed-ridden and in the final, terminal stages of cancer.

These transfers were effected by telephone and letter and by the executrix herself.

As the executrix has no defence to this (her previous lawyers resigned the case on 8th June after 4 years, because of the disclosure into Court of the documents referred to in my second sentence above) her lawyers have applied for summary judgement and strike-out + security of costs payment into Court of £50,000 as a last ditch attempt at saving their client. This is to avoid having to respond to the application that they have no rresponse to other than capitulation. I am the sole beneficiary of this Estate.

[Amethyst]

I'll tag Peridot to take a look as this is regarding Wills/Probate matters.

Are the lawyers asking for summary judgment that the settlement agreement stands regardless of the evidenced misrepresentations? Due to clauses in that agreement ?

[Peridot]

Hi Chillers,
Apologies I've been in the wilds of Somerset with practically no signal to speak of so couldn't access the internet.
Can you confirm what the application was for when you obtained the Court orders in 2015 & 2017 for disclosure of estate accounts? Was it solely for production of the accounts or part of another application? Why is this only being followed up now when there would appear to have been a breach of an order made in 2015. Was there no timescale set?
A little more info on the original application would be helpful here and hopefully we can point you in the right direction.