Posted: Monday, 22 July 2019 @ 09:33
Sometimes the trend is your friend.
Due to software problems and the fact that a number of executors/administrators have caused a glut of probates in the system this has led to the Court system experiencing some stress.
In turn this has played an influential role in Judges avoiding inventory and account hearings and having paper direction hearings and making decisions in the absence of the parties.
It is justice in writing not in person.
For disgruntled beneficiaries this represents an opportunity as you can get decisions made sooner including the potential to obtain costs orders against executors without the stress of going to Court.
This means would be litigants have to do the following to maximise their opportunities.
1 Make their applications to the Court very succinct and clear.Too often parties(including lawyers) put too much information in play which just annoy Judges.
2 Be confident that you have given the Executor an opportunity to provide an inventory and account before applying to the Court. Otherwise you run the risk of backlash later. Judges like to see parties trying to sort matters out themselves.
3 Given there is variation in the Courts(and indeed Judges) on the desire to have paper direction hearings ideally find it if the Court you are writing to offer a paper directions route or just apply anyway. This can save time and cost later.
4 Ensure that you claim legal costs in a Court friendly way.
5 Remember litigation is high stakes so be careful what you do. Once you are in the Court system it is more difficult to get out so vigilance is critical.