Advice with Probate delays

[Smogcloud]

Before I start Mods plaese feel free to delete if not apropriate. I know this is a motoring forum but basically I need some advice about complaints against solicitors handling a probate case for me (my mothers estate).

As some may know my mother passed away in July. Don't want to dwell on this - situation was sudden if not completely unexpected. I have tried to keep this off the forum but the time has come when I need help. The issue has got me into some debt and if it is not sorted soon, I will incurr some heafty interest charges.

My mother left a very clear will i.e. all to me apart from a few personal gifts and donations (90% have already been given out of my own pocket).

Also there were various care bills - all but one have been paid by me.

However the solicitor dealing with this has been extremely slow. It has been 4 months now - all the cash is in the solicitors bank account (and there is a reasonable sum). The solicitor has put various delays in the way, such as not asking for release of funds from one large bank account for over a month after probate was obtained, which has just delayed the process. The whole estate could and should have been wound up by myself in less than a month. Indeed I personally informed the banks et al.

For the last two weeks I have been in Email and telephone correspondence about getting an interim cheque but nothing has been forthcoming. Today I rang the solicitors office only to be told that the solicitor is off sick and her secretary cannot deal with the issue.

Does anyone have any suggestions as to how I can deal with this quickly. I do not want to agitate the solicitor but the whole procedure has gone on for far too long.

Also would it be wise for me to aproach the law society. I was thinking of doing this after the estate is sorted so as not to cause any further delays.

Any advice welcome.

[Masked Marauder]

Who appointed the solicitor as executor? You only need someone who is not a beneficiary.

[Smogcloud]

I know - now

But the will was drawn up with the same solicitor

Out of interest can I get rid of the solicitor. Probate has been achieved?

[stuart30]

When i was dealing with my fathers estate i was the sole executor,fairly straight forward in the end but even so it still took over three months.
You may well find they seem to be on a go slow (things happening in the back ground ect )and then all of a sudden monies are released...certainly the case with my solicitor.

[VinnyP!]

Smogcloud so sorry to hear about your loss. What a terrible thing that you have had to go through all this. A process that your mother probably sought to avoid by appointing the solicitor in the first place. Sometimes they don't do the legal profession any favours.


Who appointed the solicitor as executor? You only need someone who is not a beneficiary.

The solicitor will have been appointed as part of the will. This is confirmed in the probate process. It can be a mistake since they get to charge the estate for their services, if they are the only executor it's worse because they can charge what they like :eek: Usually it is a percentage of the estate which is ridiculous.

Accountants often make better "professional" executors since they charge for the work they do and make sure they are not had over for bills etc. You can appoint up to 4 executors it's often best to appoint more than one since they have to agree for dispersments including professional fees.

A beneficiary can't be a witness to a will they can be, and often are executors.

Smogcloud more importantly for you.

Are they the only executor?
Has inheritance tax and all liabilities been met by the estate already?

It's very hard to remove an executor it requires a court usually to decide that the will was invaild or malfeisance. However an executor has a duty to carry out the terms of the will. Your recourse is to civil court to enforce those terms like any other person who doesn't carry out their duties. That won't get it done quicker I expect. He will be the executor so it is true that the secretary can't do it.

I know you meant well paying out the gifts and bills yourself but that could have made their job harder since they are bound by the letter of the will not the spirit. I am sure it will be worked out when they get back.

Phone calls are not much use in getting people to do things if they are a lax firm the secretary will be well versed in excuses and fending peple off.

Send a recorded letter to him explaining the hardship the delay is causing and that "time is of the essence" to avoid you incurring interest charges. Say you expect it to be resolved in a fixed number (be as reasonable as you can be) of days or to receive an explanation as to why he is not meeting his obligations as executor. Then explain you may be forced to take action to enforce the terms of the will if he does not.

Unfortunately if he is sick, he is sick and if no one else can do it he can't be liable for unexpected illness. By doing this and being reasonable it may pay dividends and protect your right to seek compensation later if it's necessary.

As to the law society it's up to you but it may well be best to complain when it's finished having given them every chance.

Whether for a civil claim or the law society keep all correspondence documents and a time line including phone calls and who you spoke to. Back this up with phone bills. Unreturned phone calls are often a good sign of problems and this is good if it is evidenced with call after call of short duration to the office especially if they can't produce bills of calls back to you.

I wish you all the best and hope it gets sorted soon for you. Once again my condolences.

[Plodd]

Sorry to hear about your problems Smog and I know exactly how you feel.

I lost my Father at the end of March and in his will he had named 2 of his friends as executors. This would have been fine apart from the fact that they have moved to Spain since the will was drawn up.

They have basically done nothing and I have had to do everything myself. It's not an easy thing to do but I am now getting to the end of it. Just the prospective purchaser of Dads house playing silly buggers now. :mad:

I hope you get things sorted out soon.

[Smogcloud]

Thanks guys for your comments - certainly eased my mind a little.

Thankfully things are now looking up. Meant a trip to said solicitors office, but the state of play is this:-

First - thankfully the estate is well below the IHT threshold. The inland revenue have been made aware and all the forms filled in.

Next and most importantly, I will be receiving an interim payment - actually enough to cover the bulk of the estate on Friday. There will be several thousand pounds over but TBH I am more interested in keeping financially afloat than actually getting all the cash at this stage.

Moral of the story, as it turns out is the estate didn't even need to go to a solicitor. If anyone is writing a will bare this in mind - it will save a lot of frustration and heart ache.

[Masked Marauder]

Moral of the story, as it turns out is the estate didn't even need to go to a solicitor. If anyone is writing a will bare this in mind - it will save a lot of frustration and heart ache.
And money.

[Shobhna]

Smogcloud, I'm glad it is all getting sorted.

I have met more shyster solicitors then good ones and unfortunateley this does sour one's idea of solicitors.