Waiting TEN YEARS for Probate - advice please

spqr14

My step-father died ten years ago, and my elderly mother is still waiting for a settlement to the will. The estate is considerable and complicated.

The lead executor is also the solicitor my step father used to draw up the will, which was delayed for some years due to disagreement and a lack of co-operation from the only son of my step father, and joint beneficiary of the estate.

However, it is clear that the will was extremely badly written, and since agreement between the beneficiaries over two years ago, nothing has moved on and the executor is still procrastinating when my mother contacts him.

With what body can I pursue this matter to complain about the inordinate delay to the granting of Probate, and possible incompetence on the part of the solicitor/executor in the drawing up of the will.

With what action can I reasonably threaten the executor? My step-father was a known figure in the public eye and I feel that there may be media interest in this story, in additon to any other action. We do not have money to pay for lawyers (all my mother's money was spent on this years ago trying to sort this out), so what options are open to us?

My mother is over 80 years old and cannot be expected to wait any longer, and also does not have the energy to pursue this herself.

All advice gratefully received!

chesky369

Problems with personal representatives


Challenging the actions of a personal representative

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If the client is concerned about the actions of a personal representative, s/he should discuss the problem with a solicitor. There are a number of remedies which may be available. The actions of a personal representative cannot usually be challenged unless the client can show that the personal representative has acted beyond her/his powers, been negligent, misused the assets of the estate or been guilty of maladministration, for example by paying debts in the wrong order. In any of these circumstances, the personal representative may be personally liable for any losses.

42

A person with an interest in the estate, for example, the person who would be entitled to act as personal representative if the existing personal representative did not act, can apply to the probate registry for a citation. This procedure can be used to force a personal representative to act or renounce her/his role as personal representative. A citation can be used effectively where a [URL="file:///C:/Program%20Files/england/INDEX/CATEGORI/CATEGORY/CATEGORY/CATEGORY/08452001.HTM#delays"]personal representative is delaying[/URL].

43

The courts also have power to pass over an executor named in a will, or other personal representative in special circumstances ([URL="file:///C:/Program%20Files/england/INDEX/CATEGORI/CATEGORY/CATEGORY/CATEGORY/08452001.HTM#endnote001"]endnote 1[/URL]). Special circumstances would include where:-

• the personal representative or executor is considered unfit or is bankrupt
• the grant of probate is required urgently
• there may be a dispute between persons equally entitled to obtain probate. This would include where there are joint executors.

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An application to pass over a personal representative is made by affidavit to the probate registry and is considered by a District Judge or Registrar of the probate registry. The District Judge or Registrar can use her/his discretion to pass over the person(s) entitled, in favour of any person it thinks fit. That person will then be granted the letters of administration with a will (if there one) annexed to them.

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The High Court also has discretion to remove a personal representative who has failed to administer, or properly administer, an estate ([URL="file:///C:/Program%20Files/england/INDEX/CATEGORI/CATEGORY/CATEGORY/CATEGORY/08452001.HTM#endnote002"]endnote 2[/URL]). The court can substitute a personal representative. An application to remove a personal representative can be made by or on behalf of someone interested in the estate, for example, a beneficiary.

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An application can also be made for a hearing at which a District Judge of the Principal Probate Registry or District Probate Registrar can:-

• consider disputes between persons equally entitled to act as personal representatives
• ask the personal representative to present the will so that it can be examined
• ask the personal representative to bring an inventory of the estate.

The above is from the citizens advice information system.

spqr14

Thank you for the prompt response.

It will take some time to digest all of this, but thanks for pointing me in the right direction.

Biggles

She could ask for an interim payment and then use the money to appoint a decent lawyer!

blossomhill_2

You have my sympathy in all this - we had a 10 year struggle when an uncle died in Australia; every new year my sister and I resolved that we would tackle it and every year by March we felt defeated

What we didn't know or even consider was that the rep was a crook, we thought they were just useless. Eventually it turned out that they were being investigated for something else and a chance remark by me to one of their colleagues who happened to answer the phone gave them a lead to follow and they were brought to swift justice using our case as evidence

So please do take the advice given above, and bear in mind that the executor may be a crook trying to cover their tracks

britannia6

You could make a complaint to the firm's complaint's officer. If that does not achieve the result you were hoping for, you can complain to the Legal Ombudsman. Further details can be found here http://www.legalombudsman.org.uk/consumer/index.html

It may be that there is a perfectly legitimate reason for the delay but at the very least the solicitor should be explaining all of this to you. A complaint to the firm might remind them that you're still there and wanting things to be finalised.

ognum

Just wanted to say that I really feel for you I have just done probate with the help of a good solicitor Have disbanded two trusts one of which I didnt know existed had to locate a retired solicitor to remove him as trustee and still got probate in 4 1/2 months!

You need to get rid of the solicitor executor!

barak

This won't help the OP at all, but for other readers there is a lesson to be learned here.

When making a Will, it's generally recommended to use a solicitor, but NEVER make that solicitor - or any other professional - one of your executors!

Why?
[1] because he/she will quite properly charge just for being an executor in addition to any other fees and expenses.

[2] because, although non-professional executors may need the assistance of a solicitor, they can appoint and sack anybody they want to at any stage. That will be more difficult if a professional is one of the executors.

Who told me this?

My solicitor.

diamond_dave

I have to agree with Barak. Some years ago, i agreed to be executor for a friend who had terminal cancer. She also wanted her estranged cousin plus two solicitors from the firm drawing up the will. when she died the s**t hit the fan as I ended up doing ALL the leg work and found out that the will was badly written by solicitors meaning that a piece of furniture the lady wanted me to have was not forthcoming. Furthermore, each time the solicitor wrote a letter to me, he also sent 3 more to the other execotors -including the solicitor in the other room!! after well over 18 months or so and lots of money spent, I made a formal complaint to the solicitors about their conduct. Guess who the designated solicitor was? Yep, I was making a complaint about the solicitor I was making a complaint to. I never submitted ANY expenses of any kind during the whole period, as the lady was a friend.I would consider carefully next time if ever asked.