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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 14089
Experience:  I have been practising for 30 years.
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I would like information on how to obtain a court order so a

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I would like information on how to obtain a court order so a will can be discussed with the beneficiaries as the executor is not willing to give permission
JA: Because laws vary from place to place, can you tell me where the court order was issued?
Customer: the court vorder hasnt been issued we need to apply for one for the Abergavenny area
JA: What documents or supporting evidence do you have?
Customer: unfortunately we don't have any as the executor has a copy and the original is still with the solicitor that has drawn up. The will was seen when the deceased was allive, by myself her daughter, her granddaughter and also her stepson
JA: Anything else you want the Lawyer to know before I connect you?
Customer: not that I can think of
Customer: replied 11 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 11 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Hello,

I've been working hard to find a 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!
Nicola
Customer: replied 11 days ago.
I'll continue to wait for an answer, thank you

I have been asked to look at this for you.

 

Could you explain the situation, the problem and what you want to know about this in a little more detail please?

 

I am going off-line now but will be back tomorrow.

Customer: replied 11 days ago.
the situation is that an executor of a will is not forthcoming with the wishes of the deceased as in not paying the monies to the beneficiaries stated in the will. The executor has a copy of the will but the original is with the solicitor who is unable to discuss with us as she needs the permission of the executor, she has advised us to request a court order so she will be able to discuss the will with us.

Thank you.

Absolutely straightforward.

Surprising though it may seem, beneficiaries have no absolute right to see the will although if probate is applied for and granted, anyone can get a copy from the General Register Office for the payment of 10 pounds.

Although there is no absolute right to see the will, my advice to any executor in the situation is to be open and transparent because all being secretive does is to raise suspicion that something is untoward.

You need to threaten an application to court for pre-disclosure of the will and an application for the costs of the proceedings to be made against the executor personally.

The threat is going to be better coming from a solicitor although obviously it needs to be a different solicitor.

Can I clarify anything else for you?

 

I am happy to answer any specific points arising from this.

 

Please take a moment to look at the top right-hand corner of the page and rate my service by clicking one of the stars at the top of the screen.

 

You may need to login again to use the rating service. Although it says "rate to finish" it doesn't close the thread and we can still exchange emails.

 

It's important that you use the rating service because that gives me credit.

 

It doesn't just give me a pat on the head! It's what gets me paid!!

 

There is also an experts incentive scheme whereby the more 5 star ratings I get I do actually get a pat on the head!

 

All you need to do is press Submit.

 

Thank you.

 

If you still need any points clarifying, I will still reply because the thread does not close.

 

Best wishes.

 

FES

F E Smith, Advocate
Category: Law
Satisfied Customers: 14089
Experience: I have been practising for 30 years.
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