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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 17205
Experience:  I have been practising for 30 years.
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I would like to know how to apply for a petition to remove

Customer Question

I would like to know how to apply for a petition to remove an administrator from probate. I understand that I have to apply to the court and I want to know how to obtain the forms to do so.
JA: Estate laws vary by state. What state are you in?
Customer: England
JA: What documents or supporting evidence do you have?
Customer: I have a letter of admin, the probate form which was used, letters showing that the signature was forged as there is no match
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Yes, probate was issued for my late uncles estate by my living uncle. I have strong reason to believe he has Alzheimer's and his son is acting on behalf of him without POA or any consent--hence the signature forgery
Submitted: 8 days ago.
Category: Law
Expert:  F E Smith replied 8 days ago.

Welcome to Just Answer.

I will be happy to assist with your question today. I need some time to consider this and compose a response. There is NO need to wait online because you will get an email when I respond. Sometimes it will be minutes, sometimes longer.

I apologise for any unavoidable delay, but rest assured I have not forgotten your question.

to clarify -

your uncle is the administrator for his deceased brother - is this correct?

and you suspect that this uncle has dementia and his son is acting on his behalf without POA and forged the signatature on the probate form - is this correct?

what does the estate consist of?

and when did your uncle die?

Customer: replied 8 days ago.
your uncle is the administrator for his deceased brother - is this correct? Yes that is correctand you suspect that this uncle has dementia and his son is acting on his behalf without POA and forged the signatature on the probate form - is this correct? Yes, that is correct
Customer: replied 8 days ago.
what does the estate consist of?-- a property valued at 507k GBP, and 24K GBP in a Barclays account which was transferred to his son's account on Nov 20th 2019 before admin was issued on July 20, 2020
Customer: replied 8 days ago.
when did your uncle die? -- Oct 7, 2019
Expert:  F E Smith replied 8 days ago.

You can make an application to court to remove an executor if the executor is either doing something which they should not have done or not doing something which they should have done. The court will appoint a new executor

Here is a little reading on removing and executor: https://www.hughjames.com/blog/how-do-i-remove-an-executor

Please note that the courts do not do it lightly and it is far from being the do-it-yourself job although if successful you should recover all the legal costs.

You may find that a strongly worded letter from a solicitor threatening a court application and an application for costs, may focus the mind without actually the need to get to court.

Check your house insurance to see if you have legal expenses cover that would pay for the legal cost of taking this to court. Unlikely, but do check.

Otherwise it is a Civil Procedure Rules Part 8 application which you may conform N208.

The court fees GBP308.

You are also going to need a witness statement

Here is the form of witness statements.

https://www.justice.gov.uk/courts/procedure-rules/civil/standard-directions/general/witness-statements

Please note that unless they have updated it, the statement of truth on the government website is wrong and this is the format it should be:

https://parissmith.co.uk/blog/guidance-signing-statement-of-truth/

Witness Statement is probably the most important because that is the background and you will also need the evidence including handwriting expert testimony as to the signature forgery.

I am glad to help.

Hopefully, I have answered your query in a way that is simple and easy to understand.

I would be more than happy to clarify anything else for you. In the meantime, thank you once again for using our services.

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

Please be aware that my answer is based strictly upon the information you have given me.

If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.

I am always happy to answer any further questions you have on any new thread in which case, please start your question with, “ For FES only”.

You don’t need to do it on this thread, just a new thread. You have me exclusively on this one.

Thank you.

Best wishes.

FES

Customer: replied 8 days ago.
Hi, thank you for the resources. I also want to know how to apply for the petition myself? I know I have to obtain forms from the court clerk but how do I request to have those sent to me?
Expert:  F E Smith replied 8 days ago.

Here is the form you need: https://www.gov.uk/government/publications/form-n208-claim-form-cpr-part-8

I have already given you the other details. I can tell you now that this is about as much a do it yourself job is taking your own appendix out in the dark with a blunt spoon. It’s going to be better entrusted to an expert particularly if there is a lot of money at stake. It is not by any stretch of even a very vivid imagination do yourself job although there is no legal reason why you cannot DIY. Many solicitors will not even touch it.

Customer: replied 8 days ago.
Why will not many solicitors touch it? How much would you charge to carry this out?
Customer: replied 8 days ago.
also is there a deadline to request for a removal of admin from the time it was granted?
Expert:  F E Smith replied 8 days ago.

I’m afraid that we are specifically not allowed to take instructions from here.

If the site were to be a source of potential clients, we would no longer be independent because we would have an interest in pursuing litigation. With no interest in pursuing litigation, we can be really objective with our view is to whether something has a good chance or a limited chance of success.

In any event, for logistical reasons you would be better using a local solicitor .

Why will solicitors not touch it? Because it’s quite technical and it needs comprehensive evidence of wrongdoing.

There is no timescale except that there is a legal doctrine of “equity will not suffer delay” so really, the sooner the better.

Some executors may start off okay and then go off the wall in which case they have to be removed later down the line.