Posted: Thursday, 28 August 2025 @ 16:48
What are Post-Grant Options to Scrutinise An Executor?
An executor/personal representative (PR) has a duty to account to the court. A residuary beneficiary is entitled to request estate accounts from the PR detailing the composition of the estate and its liabilities.
Once requested, these should be prepared within a reasonable period (Re Tillot). This right also applies to creditors. If probate has been obtained these are the following options to bring the executor to account
Inventory and account - The Now Very Unpredictable Application
In the past my favourite application as it can achieve so much and with respect to executors who need to be scrutinised - it can provide access to bank accounts which fraudulent executors hate; it is also inexpensive. I have seen the most obstructive executors fold once they have faced a costs order and the threat of committal if they breach an order.
In the past the advantage it is the quickest way to compel a lazy or uncommunicative executor to account for his activities is to apply for an order that he exhibit an inventory and account in respect of the administration (see AEA s.25(b)).
However the appeal of an inventory and account is tempered by the erratic nature of Probate Registries and the fact that delays seem inevitable. As a consequence I am not such a fan and currently use is on simple Estates which are relatively low in value.
What is the Procedure?
Send a 14 day warning letter.(Please do not neglect this and jump in)The summons form is under review ; otherwise prepare a Summons which is sent to the High Court together with a supporting affidavit or witness statement (NCPR r. 61).
The Court will send back the sealed summons which you will send to the Respondent and you will need to produce evidence of service. The beneficiaries of an estate are entitled to request the personal representative to provide an inventory and account.
This longstanding right is now contained in s. 25 of the Administration of Estates Act 1925.
One of the increasing trends of inventory and account applications is the ability to make paper (Directions Rule 61(5) of the NCPR 1987) where the Court will make an order without arranging a hearing. This can save cost and there is still the potential to claim costs. In this scenario you can submit your statement of costs at the same time as submitting your application.
The threat of a Penal Notice
If the Respondent ignores an Inventory and Account, you can apply to obtain a Penal Notice. This is a notice endorsed on an order, providing that a defendant may be found to be guilty of contempt of court if the defendant fails to comply with the terms of the order.
A penal notice is a warning to the defendant that disobedience to the order may be punishable by imprisonment, a fine, confiscation of assets or other punishment under the law (CPR 81.2)
Do not get sucked into massive costs on enforcing penal notices. If an executor ignores a penal notice the hassle and of cost of enforcing is not worth it. Just get on and start removal of executor proceedings.
The Appeal of CPR PART 64
1 If the financial issues are complex. Sometimes the blunt tool of inventory and account is limited. In this case you should commence Part 64 legal proceedings within the High Court as a mechanism.
The downside is you face greater costs risks but on a matters of complexity Part 64 is the way to go to.
2. On matters of financial complexity you should also consider instructing a forensic accountant to give added strength to your arguments. The Court has wide power under CPR Part 64 to direct such accounts and inquiries as necessary. Where the action is for an account it can be brought under this part and is supported by a Claim form.
The Downside of Inventory and Account
Currently I am not a fan of using inventory and account due to the delays and unpredictability of using the Probate Registries.
In addition, if the financial issues are complex sometimes the blunt tool of inventory and account is limited.
You can consider Part 64 legal proceedings within the High Court as a way to resolve your Estate problem. The downside is you face greater costs risks but on a matters of financial complexity Part 64 is the way to go to.
The Court has wide power under CPR Part 64 to direct such accounts and inquiries as necessary. Where the action is for an account it can be brought under this part and is supported by a Claim form. CPR Part 64.
The Wideness of CPR Part 64
The application to claims for the determination of any question arising in the administration of an estate, or the execution of a trust is wide and will cover most claims where a trustee or beneficiary wishes the court to determine an issue that has arisen in the administration of that trust.
As a consequence this is a potential key tool for resolving complex issues.
Generally CPR Part 64 applies to claims for the court to determine any question arising: • in the administration of the estate of a deceased person or for the execution of a trust for an order for the administration of the estate of a deceased person, or for the execution of a trust, to be carried out under the directions of the court (‘an administration order’).
It is also possible to seek the recovery of monies against a trustee by commencing a claim for an account.
Part 7 or Part 8?
Where the allegations made are of dishonesty or other deliberate wrongdoing you cannot commence the claim using CPR Part 8 (as required by CPR Part 64) and so such claims should be brought under CPR Part 7.
The Part does not apply to claims covered by CPR Part 57, for example, probate claims (claims concerning the validity of a Will), claims for the rectification of a Will and claims for the substitution or removal of a personal representative.
As a general point it is worth considering that once proceedings are within the ambit of Part 7 the costs may go higher.
.