Posted: Wednesday, 21 December 2016 @ 10:55
What Are Citations?
They are useful step in putting pressure upon the executor, pre grant of representation. Specifically where renouncing by the executor is not an option, citations are an effective
method of attempting to force a lethargic/dodgy executor into action, or to entitle
another to administer the estate.
What Are The Different Kinds of Citations?
There are two main types to consider:
Option 1, where an executor has not intermeddled and cannot be
persuaded to renounce but
equally is taking no steps to obtain a grant of probate, he can be cited by the
person next entitled to a grant to accept or refuse probate. If
the executor fails to appear or apply for a grant, the citor is entitled to
apply for a grant to him/herself.
Most executors I deal with have intermeddled so this option above rarely applies.
Option 2, where an
executor has intermeddled in the estate, but
has not taken a grant within six months of death he/she may be cited by any person
interested in the estate to show cause why he should not be ordered to take a
grant. If the executor fails to appear or apply for a grant, the
citor may apply for an order requiring the executor to take a grant (if such an
order is made and breached, the executor will be liable for committal), or for
a grant to himself or someone else.
I like this method Option 2 as it does not necessarily mean having to Court in the early stages as it is on paper. Costs are quite targeted and outcomes should be achieved quickly.
Where is there more information on procedure?
The procedure for issuing citations is contained in NCPRr.46-50. In addition, before a citation is issued, a caveat must be entered in
respect of the estate (r.46(3)).