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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 35264
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My Wife was represented by a COP appointed Deputy it a Divorce

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My Wife was represented by a COP appointed Deputy it a Divorce settlement case brought by her previous husband. Two Court Orders were issued against him to my Wife's benefit and he was formally warned that failure to meet the Orders would be contempt of Court.
He has totally ignored the Orders and, in the meantime, my wife has sadly died (along with the deputyship)
I can do NOTHING about this as (although her legal Executive with grant of probate) I (and the previous Deputy) are npt 'Parties to the Matter' (as ruled by the Court....!
Is there ANYTHING that can be done to rectify this absolute legal nonsense, please?
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhat orders were made?
Customer: replied 2 years ago.
1. That my Wife sign over her share of the joint property to the ex-husband
2.. That he paid her £ 30,000 by the 15th December and, if he failed to do so, that the joint property was put up for sale (with directions given re the conduct of the sale) in order to pay the £ 30,000
3. That he issued appropriate instructions to the Bank to close two joint Accounts and for the Bank to pay the proceeds to my WifeAs I mentioned, the Order also lays out that failure to meet the Order would be contempt of Court which may be punishable by imprisonment(When I have contacted the Court to advise the situation I have declared that I am my Wife's Executor and hold a grant of probate and next of kin)
RightHow much is in the accounts that should have been paid yo your wife?
Customer: replied 2 years ago.
Between £ 4,000 and £ 5,000 in total
So he owes the Estate £34,000?
Customer: replied 2 years ago.
In effect, Yes - but the Order actually says 'pay the Respondent' (my Wife being alive at that time)
Yes but the money is now payable to the Estate.Have you obtained the Grant of Probate
Customer: replied 2 years ago.
Yes, as I advised above (and advised the Court)
My apologies - you had indeed done soWhat assets does this man have?
Customer: replied 2 years ago.
Principally the house jointly owned with my Wife (see notes 19/03/2016 11:46) - would not expect much else
How much is the house worth - and does he work?
Customer: replied 2 years ago.
£ 250 - 300K - I believe he is 'self employed'
OK so he has assets and there is a clear Order stating that he owes your late wife money.What has the Court actually said to you about moving the matter forward?
Customer: replied 2 years ago.
They have repeatedly stated that they (I believe on the direction of the Judge) cannot communicate with me as I am not a named party (of which there is now just one - the husband)
Customer: replied 2 years ago.
Same answer when I asked them what needs therefore to be done.......................
Right that is fine - they are being honest - they are not allowed to advise you on what to do next.However the debt is still enforceable and the Court will deal with you - once you have been joined into the proceedings.What you need to do is make an applictaion to the court in your role as Executor to be joined into the proceedings so that you can continue the caseThis will be granted - but until it is there is nothing further the Court can do.I hope that this is of assistance please ask if you need further detailsCalre
Customer: replied 2 years ago.
Good, thank youCan you tell me which N form I need to use use to make application, please?MP
The form you need is herehttp://www.justice.gov.uk/downloads/forms/fjr/D11_web_0414.pdf
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Excellent - than youRegards ***** ***** P
You are most welcome I hope all goes well