My client was left a legacy under a will but this has never been paid. There was no need to apply for probate and my client only knows about the legacy because he was told of it by a trusted family member. The executor (spouse) has never mentioned the legacy, or indeed the existence of the will, to anyone. Is there any way to compel the executor to reveal the contents of the will and to pay the legacies.?
You can issue a subpoena under s. 123 of the Senior Courts Act 1981, or issue a Part 8/64 claim for the due administration of the estate. Although it sounds as though there may be much more to this than meets the eye.
Josh Lewison
Radcliffe Chambers
Thanks Josh. There is a bit more to it but your answer is exactly what I was after.