STAGE 01 DIAGNOSTIC & FINANCIAL AUDIT
Documents Audited: Will (4 pp), Property Valuation (2 pp), Three Chaser Letters
1. Your Protection Position (Executor Safeguards)
Factual record of executor duty, reasonable posture, and liability protection.
🛡️ Your Position is Protected
You have acted reasonably, kept clear records, and sought professional guidance.
This audit creates a written record of your responsible behaviour, strengthening your protection under Section 61 Trustee Act 1925 and helping demonstrate your reasonableness if the matter escalates.
- Standing: [✓] Executor acting responsibly
- Compliance: [✓] No concerns identified
- Protection: This report forms part of your formal fiduciary shield.
2. Communication History & Behavioural Audit
You issued formal chaser requests on:
- 12 October 2025
- 14 November 2025
- 08 January 2026
The co-executor has remained silent for 14 consecutive weeks, creating an avoidable administrative delay.
Because probate papers have not been signed, the main property ([Estate Property Address]) remains unoccupied. This triggers:
- empty-home council tax premiums
- mandatory unoccupied-property insurance endorsements
- ongoing maintenance and security costs
These costs directly reduce the final amount available for distribution to beneficiaries.
If the delay continues, the court may decide under CPR Part 46.3 that any legal costs fall personally on the non-responsive executor rather than the estate. This is because courts expect executors to respond to reasonable notices and share essential information.
3. Overall Exposure Rating
The co-executor’s continued silence is now creating measurable financial loss (£920.00/month). If they do not act within 14 days, they may lose the usual protection that their legal costs are paid from the estate.
4. Estate Snapshot & Monthly Running Costs
Combined financial audit of asset baselines, monthly burn rates, and compound standstill loss.
| Running Cost Item | Operational Description | Monthly Cost |
|---|---|---|
| Unoccupied Property Insurance | Vacant home specialist endorsement | £140.00 / mo |
| Utilities & Security Maintenance | Standing charges, heating maintenance, garden care | £180.00 / mo |
| Council Tax Empty Premium | Unoccupied property levy surcharge | £220.00 / mo |
| Mortgage Interest / Maintenance Accruals | Secured loan interest or property accruals | £380.00 / mo |
| TOTAL MONTHLY ESTATE BURN RATE | Unrecoverable holding erosion per 30 days | £920.00 / MO |
Cost of Waiting (Erosion Timeline)
If the standstill continues, the following cumulative losses reduce the final beneficiary pool:
5. Settlement Strategy Audit
Evaluating informal out-of-court negotiation feasibility against deploying formal Probate Registry statutory triggers:
| Resolution Method | Success Probability | Estimated Timeframe | Audit Assessment |
|---|---|---|---|
| Informal Negotiation | LOW (20%) | Unpredictable (3–9 mos) | The 14-week silence suggests informal chasers will not resolve the issue. |
| Probate Registry Lever (NCPR) | HIGH (85%) | Strict 14-Day Clock | A formal Citation starts a 14-day deadline requiring the co-executor to either sign or formally step aside. |
6. Recommended Operational Pathway
NCPR r.41 Citation to Accept or Refuse Probate
A simple, targeted notice issued to the non-responsive co-executor requiring them to accept or renounce probate.
Isolated Bottleneck Holdout Notice
Used when one specific operational issue (e.g., property access, bank asset release, or GP note delivery) is causing the delay.
Full Forensic Blueprint Upgrade
Required only if the co-executor raises formal capacity or undue-influence concerns. Provides a full forensic breakdown (up to 100 pages).
Stand Down — File Close
No further action required. Your position is secure, personal liability is shielded, and the file can close cleanly with £0 further fees.
Solicitor Sign-Off & Consultation Record
Solicitor Sign-Off: Justin Patten, Solicitor (SRA No. 657838)
Stage 02 Fee Credit: £400 + VAT Credited Forward (Valid for 14 Days from Audit Delivery)
[ END OF STAGE 01 DIAGNOSTIC & FINANCIAL AUDIT ]