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Cost of Court application to force Will distribution

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  • Cost of Court application to force Will distribution

    Does anybody have experience of the cost involved in applying to court to force a recalcitrant executor to distribute a straightforward Will ? I have come across references to removing an executor as an expensive avenue but is there a specific application option to simply instruct the executors to distribute a straightforward Will that is less expensive? Some free solicitor's advice I have received indicated a very broad band of potential costs - £10k to £150K ! - not very helpful when trying to make an informed decision.
    If court action takes place is the awkward executor liable or does the estate pick up the tab ? I'm wary of pressing the button on legal action and ending up with the costs myself (I am one of the executors and also a beneficiary). Probate was granted over 15 months ago and 2 years have passed since my Mother died.
    Any advice gratefully received.
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  • #2
    It is always difficult to estimate the cost of litigation when one does not know whether the case will be disputed, how it will be contested, on what grounds and what the actual issues in the case are. While most cases are settled before a final trial or hearing, some go all the way. The higher end of the range given to you will probably be for a bitterly contested case that is fought all the way.

    You might ask the solicitors who have given you estimates to explain them and the assumptions on which they are based.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #3
      Please read the article at http://www.nelsonslaw.co.uk/legal-ac...inst-executor/
      An application to court for an order to force the executor to act or renounce their executor duty will be cheaper than court action to remove the executor

      Comment


      • #4
        That is really helpful thank you so much for your help.

        Comment

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