Probate & IHT

xylophone

With regard to the child sponsorship, this is really just a charitable donation - your father has specified in his will that a certain amount of money should be set aside so that it can continue for another five years. That doesn't seem to me to create a problem that would hold up probate for six months!

One can only assume that "x/y/z/" or the question of the original marital home are what is causing the delay - as you say, it's up to your mum/her brother/ you with their consent to ask for a progress update?

Nine_Lives

Thanks guys. My uncle isn't really having much to do with it other than when he has to (such as the point they both get brought in & sworn oath) all to keep costs down. Plus my mum & he are in regular contact, so keep each other updated for much cheaper than £10 per letter/phone call, or whatever the actual charge is. I'll keep on at my mum to get this updated as it's really dragging on now.

As for anything cryptic - no not at all. The will really is basic as i say. House 1 goes here, house 2 goes there, sponsorship continues & that is really it.
We found a draft he must've worked on on his laptop which had the addition of "my money & personal belongings such as tools etc will go to my wife & immediate family (my brother, sister & I) for them to use or dispose of as they wish", but as this was only a draft on a laptop, and doesn't differ too greatly from the official will, it's basically worthless.

Amontylado

I am in total sympathy with you. My mother died last August leaving a very simple will - everything to be sold (1 house and a few shares) and all assets to be divided equally between her children, well within the IHT limit. In her will she appointed her solicitors as executors and it took until February this year to get probate. Now we are nearing the end of the process (I hope!) the solicitors have included their fees of over £7000 in the list of liabilities. There is no explanation of how they have arrived at this figure. Does anyone know how these fees are normally calculated? Time spent? A percentage of the estate? At least in your case you know how much a letter costs - we don't even know that. Our solicitors even managed to spell my name and my sister's name incorrectly on a legally binding document - I'm not impressed!

xylophone

Amontylado wrote: »

I am in total sympathy with you. My mother died last August leaving a very simple will - everything to be sold (1 house and a few shares) and all assets to be divided equally between her children, well within the IHT limit. In her will she appointed her solicitors as executors and it took until February this year to get probate. Now we are nearing the end of the process (I hope!) the solicitors have included their fees of over £7000 in the list of liabilities. There is no explanation of how they have arrived at this figure. Does anyone know how these fees are normally calculated? Time spent? A percentage of the estate? At least in your case you know how much a letter costs - we don't even know that. Our solicitors even managed to spell my name and my sister's name incorrectly on a legally binding document - I'm not impressed!

Ask the solicitors for a written statement showing the break down of how they arrived at this figure.

John_Pierpoint

Who appointed the solicitors?
Did the deceased make him/her an executor?
If so it is a bit of a blank cheque.

xylophone

John_Pierpoint wrote: »

Who appointed the solicitors?
Did the deceased make him/her an executor?
If so it is a bit of a blank cheque.

OP stated "My mother died last August leaving a very simple will - everything to be sold (1 house and a few shares) and all assets to be divided equally between her children, well within the IHT limit. In her will she appointed her solicitors as executors"

John_Pierpoint

Thanks - brain not properly in gear:
If the beneficiaries do not think that the estate has been properly administered, that the Personal Representatives have been negligent or worse, dishonest, then they can sue them though the Chancery Division of the High Court for damages reflecting the losses caused by the Personal Representatives.
The High Court is also the final arbiter of any disagreements between any of the parties interested in the estate that cannot be settled by agreement; from disputes between Trustees, Executors and Beneficiaries to unpaid creditors, disinherited children and secretly-maintained, impecunious lovers.



An executor taking on the administration of an estate, most probably has no idea how difficult it might turn out to be.

Believer me it is a real 80:20 situation, where 80% is plain sailing but it can be the most trivial items that create 80% of the effort - so the only way that a firm of solicitors can quote a reasonably fixed price is to do the job on a percentage basis and hope the simple estates compensate for the complex ones.

Amontylado

Thank you for the helpful tips. My mother was 'old school' and would have thought it most unseemly to query the fees of a professional person, especially the solicitor she used all her life, so he may never have given her an itemised account. Times have changed, however, and I shall certainly ask for a breakdown of costs.

Savvy_Sue

You can also get the bill checked out independently: I can't remember how but I'm sure someone else will know the technical term and make a suggestion, and I believe the revised bill is usually lower ...

John_Pierpoint

I think this is what you have in mind:
http://www.independent.co.uk/news/business/personal-finance-how-to-tax-your-lawyer-about-the-bill-1141839.html

Does a beneficiary have a right to do this? Logically, the beneficiary of the residuary is picking up the tab but it is not he/she who appointed such an expensive firm of lawyers?