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in the matter person A v person B

including wills and probate
jazzfestival
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in the matter person A v person B

#259585

Postby jazzfestival » October 23rd, 2019, 8:46 am

Does the wording above mean that person A is taking some sort of action against person B ?

I act for and on behalf of executor 1, the Applicant in the matter ‘executor 1 v executor 2 power reserved xxxxxxxxxxx’.

As a beneficiary to the Estate of the xxxxxxx, we wish to have the documents formally served on you, so that you may be aware of the action before the Court


I was expecting this to be about an application for a court to decide on partitioning the land but it seems to be about one person versus another . Am I correct ? If it's one person v another why do beneficaries need to know ?

From what I know of executor 2 he may have ignored attempts to contact him or failed to respond to letters .

I offer apologies as this is another query in a long running saga concerning land in the Carribean and I am very aware that we need legal representation .Believe me we have tried .
We have paid for a valuation .We have stated that we do not wish to sell our portion ,we have suggested that the land be split into 2 parcels .Some background here - it's not that I'm expecting ppl to rush off and read but trying to be clear .

viewtopic.php?t=11315

I would .as in the past ,be enormously grateful for any advice/comments .

jazzfestival
Posts: 45
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Re: in the matter person A v person B

#259587

Postby jazzfestival » October 23rd, 2019, 8:54 am

Sorry ,I've just re read the forwarding email and notice that the subject title9 from the slcr representing executor 1) is this


In the Matter of an Application for Direction for the Administration of the Estate of the Late xxxxx


I'm wondering if there is an error in person B's name . The name quoted is John Smith which is the name of the second executor ,the name of the beneficiary to which the email is addressed is Robert Smith .( not actual names ).

Clitheroekid
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Re: in the matter person A v person B

#259718

Postby Clitheroekid » October 23rd, 2019, 7:13 pm

It means that Executor 1 named in a Will is suing Executor 2 named in the Will. From the heading it seems that they have fallen out about the way in which the estate should be administered, and Executor 1 has applied to the court for a remedy.

It may be, for example, (but this is speculation in the absence of any further information) that Executor 1 is seeking to have Executor 2 removed as Executor.

It's quite common in such cases for the Court to direct that residuary beneficiaries be given notice of the action so that they can apply to be joined as a party and have their say, and it sounds like this is what's happened in this case.

jazzfestival
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Re: in the matter person A v person B

#259724

Postby jazzfestival » October 23rd, 2019, 7:41 pm

From what I know of Executor 2, approaches by the executor 1 will simply have been ignored .

I'm wondering if this court case is just a step to show that all avenues have been exhausted so that executor 2's wishes can legitimately be ignored in the division of the land .

The slcr asking if papers can be served electronically has given no indication of the matter being dealt with in the case .Nor responded to proposals by beneficiaries as to how the land could be divided .( a 1/3 ,2/3rds split )
It's quite common in such cases for the Court to direct that residuary beneficiaries be given notice of the action so that they can apply to be joined as a party and have their say,

There has been no indication from the slcr or executor 1 to gain residuary beneficiaries views but perhaps the Court will ask beneficiaries ?

I'm v grateful for your reply .As usual!

jazzfestival
Posts: 45
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Re: in the matter person A v person B

#260755

Postby jazzfestival » October 29th, 2019, 9:56 am

Update - one executor ia applying for a Court Order to determine how piece of land is to be dealt with .
Application requires a defendant .
Second executor named as defendent .
Second executor won't respond so I assume case will be considered in their absence .
Presume not necessary to hear views of other interested parties/beneficiaries .
Case closed .
Clever .


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