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Beneficiary not receiving a copy of the Estate Accounts

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  • Beneficiary not receiving a copy of the Estate Accounts

    Hi All, after going round in circles for months I'm hoping this forum will be able to help.
    Although it's a long and complicated case dating back to 1997, the questions I currently require help with are:
    If a beneficiary to an estate never received a copy of the estate accounts in 1997 and there is no current contact between the beneficiary and the personal representative (the deceased died intestate) does the solicitor that dealt with the estate at the time have to provide that information to the beneficiary if requested? (They have already confirmed they still have the information, but say the request has to come from the personal representative.) If not what is the best way to obtain a copy of the estate accounts? Is there a way of doing so without having to pay a solicitor?
    Many Thanks
    Tags: None

  • #2

    The solicitor will only give out the information if so directed by the personal representative or a court order.

    You will need to apply to the probate court for an order for inventory and account to be produced by the PR, together with an award for costs.
    First warn him (copy in his solicitor) what you are intending, and that you will apply for an adverse costs award.

    Comment


    • #3
      Thank you. Can you provide some information on how I apply to the probate court for an order for inventory and account to be produced by the PR?

      Comment


      • #4
        Sec 61 of the Non-contentious Probate Rules 1987 apply (http://www.legislation.gov.uk/uksi/1....xht?wrap=true)
        You will be requesting**the court to require the inventory and account under s.25 Administration of Estates Act 1925 (as amended).

        The form is obtainable from the Probate Registry and headed: " Summons Form".

        the affidavit has to show deceased and date of death
        executor
        Date probate granted
        Requests for inventory and account and failure to produce.
        Fact that applicant is a beneficiary

        As you will need a solicitor for swearing the affidavit, it might be worth having a fixed fee session to check the application is being made correctly.
        *

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