Help/Advice Inheritance Delays

Helenm

I am hoping that forum members may be able to give me some advice? I sadly lost my father 8/8/10, he named his wife (second wife, not my mother) as Executor of his Will, she chose to put everything in the hands of a firm of solicitors and has referred me to them. The solicitor appointed to deal with my father's estate refused to let me have sight of the Will. After that, no further information was forthcoming, emails not replied to and phone calls not returned. Finally, last month I went to the Probate Registry in London to carry out a search and found out that Probate had been granted 11 weeks prior - on 30/11/10 - I also obtained a copy of the Will which showed that my father had left property to my stepmother, cash gifts to his grandchildren and the remainder of his "investment" accounts to myself. I scanned and emailed both the Grant of Probate and the Will to the solicitor and miraculously, after nearly 5 months of hearing nothing, received a reply from a different solicitor in the same practice who said that the first solicitor had left the firm due to personal reasons and that he was now dealing with my father's estate. The solicitor sent me a schedule of my father's accounts and advised that my father's premium bonds and shares are not considered to be "investments" so would not form part of my inheritance but would instead be used to pay the cash gifts to the grandchildren, the cost of my father's cremation service and his firm's professional fees. The status of another two or my father's accounts was at that time under scrutiny. The cash gifts to the grandchildren were paid a month ago. In terms of my own inheritance, I have asked for clarification regarding which of my father's accounts will make up my inheritance and a breakdown and total. I requested this information more than 3 weeks ago - but have had no reply. My feelings on the matter are that my father drew up his own Will and did not appoint a solicitor as Executor in order to avoid legal fees being deducted from his estate. My stepmother chose to appoint a solicitor and I feel it unfair that it will be myself who will have to pay his fees - but on top of that he is in the eyes of the law considered to be acting for my stepmother and therefore I do not have the right to complain to him about lack of information or delay. Can I ask, when Grant of Probate was issued on 30/11/10, wasn't it his firm's responsibility to contact the beneficiaries rather than for one of them (myself) have to search for the Will themselves? I do not have a good relationship with my stepmother (Executrix) - I was very close to my father and it wasn't a happy second marriage. The only input from my stepmother has been a request from her via the solicitor for me to give up £15,000 of my inheritance to equalise the disproportionate cash gifts that my father left to his grandchildren. I am at my wits end wondering how I can move things along? Can anyone please advise? Helen

Savvy_Sue

I have no immediate help, but welcome to the boards.

You could suggest to your stepmother that if she wishes to draw up a Deed of Variation to equalise the gifts for the grandchildren, you'd be delighted to consider it when you see what she is prepared to give up.

However, for me it would depend on why there was a need to equalise: if gifts were not of equal value, your father may have had a reason for that!

Rach39

Helenm wrote: »

I am hoping that forum members may be able to give me some advice? I sadly lost my father 8/8/10, he named his wife (second wife, not my mother) as Executor of his Will, she chose to put everything in the hands of a firm of solicitors and has referred me to them. The solicitor appointed to deal with my father's estate refused to let me have sight of the Will.
That is unusual since you are a benenficiary but once Probate granted this is a public document and I see you have now obtained.
After that, no further information was forthcoming, emails not replied to and phone calls not returned. Finally, last month I went to the Probate Registry in London to carry out a search and found out that Probate had been granted 11 weeks prior - on 30/11/10 - I also obtained a copy of the Will which showed that my father had left property to my stepmother, cash gifts to his grandchildren and the remainder of his "investment" accounts to myself. I scanned and emailed both the Grant of Probate and the Will to the solicitor and miraculously, after nearly 5 months of hearing nothing, received a reply from a different solicitor in the same practice who said that the first solicitor had left the firm due to personal reasons and that he was now dealing with my father's estate. The solicitor sent me a schedule of my father's accounts and advised that my father's premium bonds and shares are not considered to be "investments" so would not form part of my inheritance but would instead be used to pay the cash gifts to the grandchildren, the cost of my father's cremation service and his firm's professional fees.
That is a proper decision - presumably the investments were a separate entity. It sounds like there was little else so it is right that the shares and premium bonds proceedswould be used this way.
The status of another two or my father's accounts was at that time under scrutiny. The cash gifts to the grandchildren were paid a month ago. In terms of my own inheritance, I have asked for clarification regarding which of my father's accounts will make up my inheritance and a breakdown and total. I requested this information more than 3 weeks ago - but have had no reply.
Generally Executors (and solicitors appointed by them) are given 12 months to administer Estates as an 'acceptable' time. It may be that the solicitor is not yet in position to reply - however you should keep hounding him!!
My feelings on the matter are that my father drew up his own Will and did not appoint a solicitor as Executor in order to avoid legal fees being deducted from his estate.
Not necessarily - many people appoint just their spouse as exector in a 'first death' situation and it is usual practice for the executor to appoint solicitors todeal with the administration - especially when there are shares and investments which make the administration that bit more complicated.
My stepmother chose to appoint a solicitor and I feel it unfair that it will be myself who will have to pay his fees - but on top of that he is in the eyes of the law considered to be acting for my stepmother and therefore I do not have the right to complain to him about lack of information or delay.
You are not paying the fees - the Estate is, out of monies not included in the investments that make up your inheritance. Further, although appointed BY your stepmother, the solicitors are acting for the Estate and you certainly do have the right to complain as one of the beneficiaries about unreasonable delay - however I don't think the time span so far constitutes unreasonable delay. I have some Estates that remain unfinalised after far longer period due to unforseen complications.
Can I ask, when Grant of Probate was issued on 30/11/10, wasn't it his firm's responsibility to contact the beneficiaries rather than for one of them (myself) have to search for the Will themselves?
There is not a specific time when Solicitors contact beneficiaries - generally it is when they arein a position to make distribution, so no, they had no responsibility to contact you when Probate was granted although since you had previously asked for a copy I would have thought they would have done so as a matter of courtesy.
I do not have a good relationship with my stepmother (Executrix) - I was very close to my father and it wasn't a happy second marriage. The only input from my stepmother has been a request from her via the solicitor for me to give up £15,000 of my inheritance to equalise the disproportionate cash gifts that my father left to his grandchildren.
Don't agree anything until you have an idea of the amounts involved. If, once you have all the information, you are left with a large amount and are minded to give up this sum you can consider by way of Deed of Variation, but you are under absolutely no obligaton to do so or could suggest a lesser figure entirely up to you.
I am at my wits end wondering how I can move things along? Can anyone please advise? Helen

You can't really do anything to move things along until the Executors have had their full administation year -if I were you I would stay in close contact with the solicitors, be sympathetic to the delays, try and find out why and ask if there's anything you can do to help things along - If you alienate the Executor and the solicitors you will find gaining information all the harder!

Pee

I think the problem here might be the wording of the Will. Seems a bit vague and there is a lack of agreement between you and your step mother which means the solicitor can't put a common sense solution to you or ask you to agree it between yourselves. Three weeks is not long to do some research into what is meant by an investment. Did your father write the will himself?