CI v NS (Revised 1)

CI v NS (Revised 1)

The application was properly issued in the District Registry, the Registrar had jurisdiction, and the claimant was entitled to seek information under statute. Delay is a discretionary factor but does not bar the request. The respondent had not been heard, so permission to appeal out of time is granted.

Parties
Claimant: C I; Respondent: N S
Jurisdiction
England and Wales
Judgment Date
19 March 2004
Procedural Posture
Probate Summons / Application for Permission to Appeal Out of Time
Outcome
Permission to appeal out of time granted.
Legal Topics
Executor's Duty, Inventory and Account, Non Contentious Probate, Appeal Procedure, Costs
Probate Family Law Executor's Duty Inventory and Account Non Contentious Probate Appeal Procedure Costs

Case Brief

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Parties

C I

Claimant

N S

Respondent

Procedural Posture

Probate Summons / Application for Permission to Appeal Out of Time

Legal Issues

  1. 1 Whether the Registrar had jurisdiction to make the order for inventory and account
  2. 2 Whether the application was properly issued under non-contentious probate procedure
  3. 3 Whether the respondent was denied natural justice by not being heard

Ratio Decidendi

The application was properly issued in the District Registry, the Registrar had jurisdiction, and the claimant was entitled to seek information under statute. Delay is a discretionary factor but does not bar the request. The respondent had not been heard, so permission to appeal out of time is granted.

Court Disposition

Permission to appeal out of time granted.

Orders

  • Permission to appeal out of time is granted to the respondent.