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  • FIRST POST
    • missmuffet
    • By missmuffet 2nd Jan 17, 7:25 PM
    • 13Posts
    • 0Thanks
    missmuffet
    Issuing summons - estate accounts?
    • #1
    • 2nd Jan 17, 7:25 PM
    Issuing summons - estate accounts? 2nd Jan 17 at 7:25 PM
    My father died intestate (that's another story as I believe he did write a will), and my brothers have lied for nearly 3 years now and refuse to explain how my inheritance is worked out. They 'sacked' the professional probate firm without telling me & took over themselves but continued to lie about who had the letters of administration. They have kept no records whatsoever. All I have are the original probate figures, which are way off. I'm supposed to just take their word for it. We are talking of approx half a million pounds cash plus other assets. Can anyone give me advice on issuing a summons. I believe I have to swear an affidavit too?
Page 1
    • Keep pedalling
    • By Keep pedalling 2nd Jan 17, 7:40 PM
    • 3,560 Posts
    • 3,831 Thanks
    Keep pedalling
    • #2
    • 2nd Jan 17, 7:40 PM
    • #2
    • 2nd Jan 17, 7:40 PM
    When you say the probate figures are way off do you mean they under declared the value? If that is the case not only would they be robbing you, they could also be robbing HMRC.

    As a residual beneficiary they are obliged to provide you with a copy of estate accounts, if they are refusing to do this, it sounds highly suspicious, and you really need to take legal advice.
    • missmuffet
    • By missmuffet 2nd Jan 17, 8:05 PM
    • 13 Posts
    • 0 Thanks
    missmuffet
    • #3
    • 2nd Jan 17, 8:05 PM
    • #3
    • 2nd Jan 17, 8:05 PM
    When you say the probate figures are way off do you mean they under declared the value? If that is the case not only would they be robbing you, they could also be robbing HMRC.

    As a residual beneficiary they are obliged to provide you with a copy of estate accounts, if they are refusing to do this, it sounds highly suspicious, and you really need to take legal advice.
    Originally posted by Keep pedalling
    Yes, it looks like they under-declared to keep down IHT
    • getmore4less
    • By getmore4less 2nd Jan 17, 8:26 PM
    • 29,753 Posts
    • 17,791 Thanks
    getmore4less
    • #4
    • 2nd Jan 17, 8:26 PM
    • #4
    • 2nd Jan 17, 8:26 PM
    Report to HMRC. with your estimate based on what you know.
    • Yorkshireman99
    • By Yorkshireman99 2nd Jan 17, 9:54 PM
    • 2,950 Posts
    • 2,315 Thanks
    Yorkshireman99
    • #5
    • 2nd Jan 17, 9:54 PM
    • #5
    • 2nd Jan 17, 9:54 PM
    My father died intestate (that's another story as I believe he did write a will), and my brothers have lied for nearly 3 years now and refuse to explain how my inheritance is worked out. They 'sacked' the professional probate firm without telling me & took over themselves but continued to lie about who had the letters of administration. They have kept no records whatsoever. All I have are the original probate figures, which are way off. I'm supposed to just take their word for it. We are talking of approx half a million pounds cash plus other assets. Can anyone give me advice on issuing a summons. I believe I have to swear an affidavit too?
    Originally posted by missmuffet
    You need to give more details.
    • getmore4less
    • By getmore4less 3rd Jan 17, 7:13 AM
    • 29,753 Posts
    • 17,791 Thanks
    getmore4less
    • #6
    • 3rd Jan 17, 7:13 AM
    • #6
    • 3rd Jan 17, 7:13 AM
    it is important to understand the limitations of an inventory and account request.

    Although estate inventory & accounts can be useful in many cases and are relatively low risk/cost, you will need legal help to make sure you get the court to order disclosure of the relevant information needed make further investigations.

    It will then fall on you to analyse and investigate suspected deficiencies them making further representation to the court for details.

    one issue is you have no authority to make requests on institutions for information so they can refuse that can make further investigations harder.

    Failure of the executors to produce an I&A may be useful if you need to get them removed, I suspect in a case like this the court would appoint a professional then they would probably be embarking on a time consuming job obtaining new details(bank statements etc) of all known assets and then investigating the missing ones.
    • missmuffet
    • By missmuffet 16th Sep 17, 11:17 AM
    • 13 Posts
    • 0 Thanks
    missmuffet
    • #7
    • 16th Sep 17, 11:17 AM
    • #7
    • 16th Sep 17, 11:17 AM
    update on this situation. I obtained a summons and court date. However it was vacated as supposedly interim accounts were available. I do have the option to have the case re-listed if I'm not happy with the other party's correspondence. They did not provide any accounts as per my summons.

    Well, I've not received anything from them since I received this notice from the court. In fact, they refuse (but not in writing). In writing they claim to have informed me of everything. Because they claim to have sent me everything, I am struggling getting this re-listed.

    This just tells me they are/have been up to something but I'm being painted a troublemaker and money grabber.
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