Contempt Application 14 November 2021 at 10:33PM in Deaths, funerals & probate 4 replies 983 views

paigesaunt

The matter is so far considered as Non Contentious as we have no inventory and accounts to determine otherwise.
The executors have been served two court orders to produce to one of the residual beneficiary a true and perfect copy of estate accounts, the 2nd one having a penal notice attached.
Deceased 2017, probate grated 2019.
The executors have ignored the orders and we must now proceed to a contempt application.
Given it's still currently 'Non Contenious' should the application go to our local court, or the High Court? 
My local court won't tell me if they accept this kind of application because they can't give advice, and the probate court said they dont get involved in contempt applications, even though it was they who issued the order and penal notice!
Stuck on this 

TBagpuss

Which court made the orders that they are in breach of? Normally, if the committal application related to proceedings in the county court court, you make the application to the court which made the order which has been breached / not complied with. 

Otherwise, the application would be made to the high court. 


https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-81-applications-and-proceedings-in-relation-to-contempt-of-court#3

paigesaunt

It'll be the high court then at the district registrar at the probate court from where the order was issued said they don't deal with contempt applications.

Many thanks for confirming for me  

paigesaunt

Hi, me again
Applied to the High Court with all documents, their response was. 
You need to make an application
Very confused, I thought that's what we had done.

I'm wondering if they mean, you need to ask permission to apply as I've read that permission needs to be granted first for some applications.

Can anyone advise on how to enforce a court order with a penal notice attached issued out of winchester probate court who stated they "don't get involved in contempt proceedings"
All we want is the Estate Accounts
Any assistance would be greatly appreciated 

JJWSJS8700

Did you manage to make any progress on your case?