Probate

Davem33

Hi, please can someone help me?
If I want to make a claim against a family member who is withholding inheritance money can I issue a ccj?
We have documents from the high court of justice probate registry and more showing that this person was entitled to this money once they reached 18, they are over this age but the legal guardian who put the money (supposedly) in trust is not paying up.
We cannot afford a solicitor so can we issue a ccj or something similar?
Thanks in advance

TonyMMM

How much is the claim ?

(you will almost certainly need a solicitor for this ...)

Davem33

£17,000.. No money for a solicitor this person may well decide to represent themselves but needs to know the first step in getting this person to court? They have all the documents to prove their entitlement.. I was just hoping to find out which document they need to submit for this to get to move this in the right direction.
It cannot be reported as theft as their is no proof the money isn't there, although it may well not be..
So frustrating, so many people must go through this, I'm hoping it's made easier for people once they know which direction to head in
Thanks

getmore4less

I think you will be lucky to find someone here that knows, google should bring up some leads with carefull selection of search terms.

Does the trustee have assets.

FreeBear

Davem33 wrote: »

£17,000.. No money for a solicitor this person may well decide to represent themselves but needs to know the first step in getting this person to court?

First step would be a Letter before Action giving the trustee time to resolve the issue. Then you would have to issue court proceedings. As the amount being claimed is over £10,000, you wouldn't be able to use the small claims court and costs will be considerably higher.

In this situation, you really do need to consult a solicitor - Check to see if you have a local Legal Advice Centre where you can get an appointment for free.

DandelionPatrol

Davem33 wrote: »

If I want to make a claim against a family member who is withholding inheritance money can I issue a ccj?

No, you cannot issue a CCJ

CCJ means County Court Judgement. So it is a Judge who issues a CCJ. You apply to a court, making a claim, and if your argument is good enough, the Judges gives a CCJ in your favour.