Solicitor slow over probate

sloughflint

ukmaggie45 wrote: »

Yesterday husband had phone call at work from solicitor 1 about the letter he received from solicitor 2...

He will be replying "robustly" to solicitor 2.

I feared this might happen if I have interpreted 'robustly' correctly.Differences of opinion which will cost you money.

ukmaggie45

sloughflint wrote: »

I feared this might happen if I have interpreted 'robustly' correctly.Differences of opinion which will cost you money.

Yes, I was rather afraid of that too. Maybe one way around it would be for husband to revoke his executorship (or however you call it), appoint solicitor 2 in his place, and let the two of them slug it out between themselves... :eek:

Maybe not.

Husband had night out on the town last night (local band night in pub), so we haven't had much time to talk about it all yet. At least it was a moneysaving outing, used his bus pass (both ways! so saved cab fare back), :money: and it was only £2 to get in. Not sure if that was reduced - he always shows his bus pass at the entrance, and quite often gets a £ or two off. :money:

At least we know the accountants will work with solicitor 2 (henceforward S2) since we found the person through them. They have been trying to work with solicitor 1 (henceforward S1) but he hasn't answered their letter or phone calls.

I'm afraid the accountants will have a very complicated time of it. We are still getting dividend cheques and tax vouchers for my parents at the flat, presumably all that will go to the estate for now? It does me head in thinking about it all - if I'd wanted to be an accountant I'd have trained as one! :rolleyes: At least we have confidence in our accountant - and we know that even if he doesn't know the answer to something, he "knows a man who does". And is actually prepared to ask. Sigh.

sloughflint

ukmaggie45 wrote: »

Yes, I was rather afraid of that too. Maybe one way around it would be for husband to revoke his executorship (or however you call it), appoint solicitor 2 in his place, and let the two of them slug it out between themselves...

Everything would have been so much simpler if S1 had not been named executor. You could have ditched S1 for S2.As said on earlier pages, it becomes so much more complex when solicitors are named executors of Wills.

There's a programme on Wills this coming Friday 8pm on ITV1, I notice. I wonder if this sort of thing will be mentioned?

I don't think your husband revoking his executorship is necessary . S2 is acting for him. S2 will probably be glad of some of his knowledge from the big book and paperwork. It would help keep costs down a little bit.

sloughflint

Going back to that probate company mentioned in post 127, it explains retrospective tax planning quite well. I'm sure you are already up to speed on the idea now Maggie,but others reading the thread may not be:
http://www.trustcorporation.com/retrospective-tax-planning/

I was wondering if I would ever consider using this company and I don't think I would knowing what I do now.
Although it is a well presented website and there are a couple of STEP members ( not exactly generous for a company aiming for nationwide business),
http://www.trustcorporation.com/meet-the-team/
There are plenty of people whose qualifications are not mentioned. Would I be confident that the job would be well done? The answer is probably no.

If the current state of affairs is that some solicitors ( answerable to SRA) do not know when they are out of their depth and don't consult in house STEP colleagues, what hope is there for this company?

There is no mention of who the company is answerable to.

ukmaggie45

sloughflint wrote: »

Everything would have been so much simpler if S1 had not been named executor. You could have ditched S1 for S2.As said on earlier pages, it becomes so much more complex when solicitors are named executors of Wills.

Yes, unfortunately for us! :mad: Guess that my Dad was brought up to believe you left such stuff to the professionals (though he was sole executor for my Grandmother). He probably thought we are too useless with money. Well, when you've got 2 daughters to cloth and feed you don't get to save much! And we've never done the stocks and shares thing, which I am grateful for now! But am now watching the value of Dad and Mum's shares dropping by the day. :eek: Oh well, easy come, easy go!

sloughflint wrote: »

There's a programme on Wills this coming Friday 8pm on ITV1, I notice. I wonder if this sort of thing will be mentioned?

Thanks for this. Will have to try and set up the video to record it, as we're hoping to get away for the weekend and de-stress a bit! :beer:

sloughflint wrote: »

I don't think your husband revoking his executorship is necessary . S2 is acting for him. S2 will probably be glad of some of his knowledge from the big book and paperwork. It would help keep costs down a little bit.

Yes, I think I should start transcribing the relevant stuff. Thanks for reminding me of that, brain has definitely gone walkabout. To be honest the stress is making my health worse, vertigo seems worse than usual, and can't seem to settle to anything properly. Will be so glad when all is done and dusted, though begin to wonder if I will survive long enough to see that!

I wonder how fast S1 will respond to S2... Guess S2 will be in touch then.

Thanks again for everything, sloughflint :A

EmehEm2005

As co-executor of my late mother's will I've done the probate myself and I've just had my probate interview, hopefully I should get my grant in a couple of weeks.
The whole process has taken under two months.

Admittedly the estate was fairly straightforward (under £312000 so there's no IHT to pay - even though there's property and equity release involved) and I've had the time to spare.

I suppose you could get all this information from the local library but being online doesn't half help!

Apparently 30% of people do it themselves - the other 70% are "professionals".

Here are good links for DIY probate:

http://www.hmcourts-service.gov.uk/infoabout/civil/probate/index.htm
http://www.hmrc.gov.uk/cto/pa.htm
Also http://www.hmrc.gov.uk/cto/customerguide/page1.htm
http://www.hmcourts-service.gov.uk/infoabout/civil/probate/applications.htm

Any probate office will help and there's a helpline - the Probate and Inheritance Tax Helpline (telephone: 0845 3020900)

Mike

sloughflint

Here are a couple of other links:

http://www.hmrc.gov.uk/cto/iht.htm
http://www.netprobate.co.uk/ProbateGuide/guide.htm

to add to EmehEm2005's list.

ukmaggie45

Husband called a bit ago to say he'd been in touch with S2 but they hadn't heard from S1 yet. Will give it till Monday and then try speak to on the phone.

No news on the flat front, but at some stage presumably surveyor will go in.

Will be glad to get away this weekend if we can actually manage it!

sloughflint

ukmaggie45 wrote: »

Husband called a bit ago to say he'd been in touch with S2 but they hadn't heard from S1 yet.

I'm not entirely surprised.
Being a solicitor, he'll be extremely careful about what he puts in writing;particularly to a fellow one.
I dare say he's squirming at the moment.
Your husband will probably need to force the issue since time is of the essence.

sloughflint

ukmaggie45 wrote: »

No news on the flat front, but at some stage presumably surveyor will go in.

Is S1 still insisting his firm does the conveyancing?

ukmaggie45 wrote: »

Thanks for this. Will have to try and set up the video to record it

Interesting programme.For others who missed it:
http://www.itv.com/News/tonight/episodes/WillWars/default.html

There was no mention of your type of problem but I did pr1ck my ears when the dodgy company I mentioned in post 62 ( http://forums.moneysavingexpert.com/showthread.html?t=1009493) was insisting on being executors and refusing to amend the draft Wills when the couple advised that it wasn't what they'd requested.

It's truly shocking what goes on.