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Estate accounts - executor refusing to provide them

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I am at the stage where I need to ask the Probate Registry to intervene. I think I need a Summons Form but can’t seem to find one. 

Does anyone have experience of doing this? Did you have to ask the Probate Registry for the form? 

Thank you
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Comments

  • Hoenir
    Hoenir Posts: 7,742 Forumite
    1,000 Posts First Anniversary Name Dropper
    Ask a solicitor to fire off a letter. May well provoke a reaction. 
  • Devongardener
    Devongardener Posts: 636 Forumite
    Fifth Anniversary 500 Posts Photogenic Name Dropper
    You need to provide more information.  Are you a beneficiary of a will and has probate been granted?
  • Marcon
    Marcon Posts: 14,440 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Combo Breaker
    edited 8 July 2024 at 8:18PM
    I am at the stage where I need to ask the Probate Registry to intervene. I think I need a Summons Form but can’t seem to find one. 

    Does anyone have experience of doing this? Did you have to ask the Probate Registry for the form? 

    Thank you
    Has distribution of the estate been completed? Are you a residual beneficiary?

    Hoenir said:
    Ask a solicitor to fire off a letter. May well provoke a reaction. 
    No sensible solicitor is going to 'fire off a letter' to provoke a reaction unless OP is entitled to see the accounts.
    Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!  
  • Alphatauri
    Alphatauri Posts: 127 Forumite
    Third Anniversary 100 Posts Name Dropper
    To answer your questions:
    - Probate was granted a while ago.
    - Estate fully distributed.
    - Legal Executive who acted for the lead executor confirmed I am a residual beneficiary.
    - Independent solicitor has confirmed I am a residual beneficiary for £.
    - Lead executor is still insisting I am not a residual beneficiary.
    - The other executor is happy for me to have the estate accounts but doesn’t have a copy. 
    I can ask my solicitor but I am having to spend £££ on another legal matter and thought I might be able to do this myself as it should be fairly simple. 


  • Hoenir
    Hoenir Posts: 7,742 Forumite
    1,000 Posts First Anniversary Name Dropper
    Marcon said:


    Hoenir said:
    Ask a solicitor to fire off a letter. May well provoke a reaction. 
    No sensible solicitor is going to 'fire off a letter' to provoke a reaction unless OP is entitled to see the accounts.
    Assumption that the OP is entitled too and that all other avenues have been exhausted. When it comes to financial matters intransigence is normally an attempt at a cover up. Often through incompetence. 
  • Marcon
    Marcon Posts: 14,440 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Combo Breaker
    edited 8 July 2024 at 10:54PM
    To answer your questions:
    - Probate was granted a while ago.
    - Estate fully distributed.
    - Legal Executive who acted for the lead executor confirmed I am a residual beneficiary.
    - Independent solicitor has confirmed I am a residual beneficiary for £.
    - Lead executor is still insisting I am not a residual beneficiary.
    - The other executor is happy for me to have the estate accounts but doesn’t have a copy. 
    I can ask my solicitor but I am having to spend £££ on another legal matter and thought I might be able to do this myself as it should be fairly simple. 


    I'd email the Legal Executive, explain the position and ask if they'd be kind enough to encourage their client to do the necessary; and copy in the 'other' executor, pointing out they are equally responsible for ensuring compliance with legal requirements (up to them to get a copy).
    Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!  
  • Alphatauri
    Alphatauri Posts: 127 Forumite
    Third Anniversary 100 Posts Name Dropper
    I appreciate everyone’s responses but I have exhausted all other courses of action and sadly I need to apply for a summons.

    I will ask my Solicitor to take this forward. 

    Thank you  
  • Keep_pedalling
    Keep_pedalling Posts: 20,841 Forumite
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    Can’t you pressure the coexecutor to get a copy. What ever augment the lead executor is making for not letting you see the accounts he can’t apply to his / her co executor who is entitled to see everything, after all they are equally as responsible as the lead as they will have signed off the probate application.
  • Alphatauri
    Alphatauri Posts: 127 Forumite
    Third Anniversary 100 Posts Name Dropper
    Unfortunately they will know the co-executor wants them for me. There are other residual beneficiaries who could also ask, but it would just see the lead executor become even more entrenched. I do not want to go more into the dynamics but I really am at the point of having exhausted everything but asking for a summons. That’s why I asked if anyone knew which form I needed.

  • Keep_pedalling
    Keep_pedalling Posts: 20,841 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    Unfortunately they will know the co-executor wants them for me. There are other residual beneficiaries who could also ask, but it would just see the lead executor become even more entrenched. I do not want to go more into the dynamics but I really am at the point of having exhausted everything but asking for a summons. That’s why I asked if anyone knew which form I needed.

    That may be the case but that executor should have a copy of the accounts for their own records and where they, as executor, are facing potential litigation they would be mad not to have them.
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