Citation Notice

If the administration of an estate is taken longer than necessary, options are available to encourage action

For local authorities with an empty property and beneficiaries alike, it can be a frustrating process waiting for a personal representative to apply for a Grant of Probate. In some instances, the administration is deliberately delayed or no action is taken at all. Reasons for this vary, but can include historical family disputes, legitimate unavoidable delays or fraudulent behaviour.

If a personal representative fails to apply for a Grant, beneficiaries and creditors (in some cases the local authority) can take legal action in the interest of furthering the administration by filing a citation, compelling the personal representative to act or step down.

These long delays can put assets, including empty properties, in jeopardy. As a property becomes more dilapidated over time and incurs possible charges for maintenance, the value of the estate will begin to dwindle.

If the persons cited fail to respond and take out a Grant, or responds but then doesn’t go on to apply for the Grant, then the following options are available:

  • The beneficiary or creditor who issued the citation applying for the Grant

  • Applying for an order which requires the persons entitled to take the Grant within a specified time

  • Applying for an order under section 116 of the Senior Courts Act 1981 to pass over the persons entitled to a Grant in favour of someone else

For any legal enquiries, we’re happy to seek advice from our expert solicitors Taylor Emmet

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