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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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Probate matter. Claimant failed to remove administrator in

Customer Question

Probate matter. Claimant failed to remove administrator in High Court in June 2011. Since then for over six years have raised issues not agreeing accounts. Interim litigations has pushed administrator into depression. What rights has administrator to safeguard her health and finances
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

May we have the background detail please?

Customer: replied 1 year ago.
I will call later as I have an appointment now Mr Smith. Sorry
Expert:  F E Smith replied 1 year ago.

When you are ready.

Customer: replied 1 year ago.
06/01/09 Mum passed away. Left two properties of 265k and five daughters.
06/01/09 2nd daughter left to go abroad to repatriate mum's body. daughter number 1,3 & 4 removed all valuable properties and documents. Daughter number five neutral.
12/05/09 Administration to 2nd daughter.
May 2010 Daughter number 1,3 & 4 started case in High Court to remove Administrator
1/06/11 High court decided the case in Administrator's favour, daughter number 2. Costs from estate
15/12/11 Final Judgement. Claimants given six weeks to query accounts and defendant given one month to respond.
30/12/11 Defendant request for details of costs. Claimants failed to supply breakdown of costs for over one and half year,
12/06/12 cost solicitors asked to assist. Claimanrs refused to supply details and forced detailed assessment procedure.
13/06/13 Final Cost Certificate received. Full amounts received.
13/06/13 Estate in negative equity as costs swallowed up funds (6K)
Claimants refused to agree accounts, refused to narrow down issues, refused mediation or round table meeting
March 2015 Claimed costs 48K, Claimants paid 48K but still brought false claim for 16k. Master failed to decide still
March 2015 Claimants also issued another litigation or accounts queries.
Defendant had identified and listed 38 points in 2012 in the initial enquiry. Since then several comprehensive responses have been made with all details. Instead of sticking to 38 points and narrowing down all the ones agreed and moving to resolve the remaining. Claimants have mixed all points, stopped referring them to as identified but caused total confusan for over three years.
But the main sticking point has always been loan given to mum by grand daughter, 39K.
I am the administrator and grand daughter is my daughter.
I was asked by the accountants to pay the loan before other creditors or beneficiaries.
The loan is fully supported with over 100 documents showing payments for the purchase a right to buy flat for investment.
Accounts are prepared by chartered accountants.
An agreement was between grand mother and grand daughter to sell this and share profits after deducting loan.
Claimants further issued CPR18 process to debar loan and claim all costs
29.04/16 Defendant mental breakdown after seven years of courts. unable to follow court as defendant is out of her depths.
12/07/16 CPR 18 Interim order cost 17k to defendant. Appeal needed
Customer: replied 1 year ago.
Defendant did not issue proceedings to prove loan as constructive trust.
Defendant did not start proceedings to recoup 23k negative equity, cost of legal bills funded by administrator
Defendant did not claim for all the work and attendances in courts for over six and half years
Only claimed for out of pocket expenses in accounts, but never took money as estate had no funds.
Can I claim now for LIP rate for all the work
Can I issue proceedings nowand which forms to use
Expert:  F E Smith replied 1 year ago.

You appear to be the defendant in the action.

Why did they try to remove you?

What was the basis of the rest of their claim? Was it just a £39,000 loan repayment?

There is an interim costs order you say of £17,000 to you. What is it that you want to appeal?

Customer: replied 1 year ago.
I would like to appeal against the Interim order for costs in CPR18 procedure ,£17,000.00 issued on 12/07/16.
Within the order solicitor has also included the sum of £39 to be debarred. I did not understand what was being done.
Skeleton Argument was handed in court on two occasions and and on the last and third hearing it was sent one day before hearing and consisted 10 pages with 57 questions.
Customer: replied 1 year ago.
Total costs claimants solicitor has claimed to date are £67,000 already and the matter is not finished. Defendants costs £25,000.00.Therefore total loss to all beneficiary is over £92,000.00 already in a small estate of £200,000.00. Surely only beneficiary in this is the claimants' solicitor.
Expert:  F E Smith replied 1 year ago.

Thank you. I’m afraid this is moving outside my sphere of expertise so I will opt out for another expert.

Customer: replied 1 year ago.
This is most unsatisfactory response from a solicitor and the delay of another 24 hours is not acceptable.
Expert:  Nicola-mod replied 1 year ago.
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Customer: replied 1 year ago.
Nicola If you do not have professional to answer then it is not satisfactory service. I do not agree to payment then.
Kindly refund payment.