This is part of a series of case round-ups provided by our Wills & Probate team. Click or tap here to access the whole series.

**Mark Totton was named as executor in his mother, Hazel Totton’s Will. Mrs Totton left quarter of her estate to her granddaughter Hollie Totton and Grandson Daniel Washer following her death in 2019. **

Mr Totton obtained a grant of Probate in 2019 and then sold the house in 2020 for £425,000. After several attempts by the claimants to contact Mr Totton and receiving no response the claimants applied to the courts. On 10th March 2022 a freezing injunction was imposed to restrain the disposal of the deceased estate.

On 28th April 2022, a hearing was held where Mr Totton was ordered to submit to court a list of assets from the estate, giving the value and location of the assets. Mr Totton failed to comply with the order. A hearing on 31st of August was held to which Mr Totton failed to attend. The court found that Mr Totton was in contempt of court for failing to comply with the order. As Mr Totton was not present the judge proposed to make an order requiring the Defendant to attend court to give him an opportunity to be heard prior to being sentenced.

At the subsequent sentencing hearing it was noted that Mr Totton, on the 6th October made an affidavit in an attempt to comply with the order to which he gave evidence showing the main asset of his mother's estate was her home. The documents showed that, apart from the property itself, his mother's estate consisted of stocks, shares, bank and building society accounts and premium bonds totalling £48,321 (with liabilities of £18,016). However, Mr Totton did not disclose the location of the money. Instead, he exercised his right not to disclose information that is self-incriminating. Mr Totton stated that he had “buried his head in the sand”. The judge finding him still to be in breach of his obligations as the estate remains un-distributed, sentenced Mr Totton to 6 weeks in prison.

This case shows how seriously the courts take administrating estates and the legal obligations of a personal representative. Administering an estate can be very time consuming and if not done correctly or in a timely manner then as shown above the repercussions for a personal representative can be severe.

Our Wills and Probate team have a wealth of experience in dealing with administering estates. Appointing a solicitor can not only provide you with protection against potential civil or criminal liability, but also removes the stress and time that administering an estate can involve.

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