Excessive delay in Probate.

Kore_Arabin

antrobus wrote: »

It would be standard practice for a solicitor (or indeed anybody for that matter) dealing with a will to place the usual notice in the London Gazette inviting those with claims against the estate to come forward. The minimum notice required in such notices is two months, so a there is nothing unusual or excessive about a 'delay' of ten weeks.

Not necessarily. Trustee Act notices are used to advertise for 'unknown' creditors, and are normally only posted when professional executors are acting, or the executors are concerned that the deceased may have had debts which they do not know about.

But if TA notices have been posted, then you are absolutely right that the estate should not be distributed before the two month notice period has expired.

Kore_Arabin

Have you sworn the probate papers yet? If not, and the solicitor has details of all the assets and liabilities of the estate, then I agree that a 10 week delay is unacceptable.

I am a solicitor and I try to ensure that the probate papers are drawn up and submitted within a week or two at the very most after I have full details of the estate.

Chase the solicitor up and ask what's going on.

Kore_Arabin

PS - you should always ensure that the solicitor you use is a specialist wills and probate solicitor. I have seen too many examples of solicitors who 'dabble' in different areas of law, and don't really know what they are doing.

You wouldn't go to your GP for heart surgery; so don't go to a high street 'jack of all trades' solicitor for probate!

troubleinparadise

A solicitor took 4.5 years to transfer my father's estate to my mother after his death. Simple will, minimal assets to sort. Oh, and they "forgot" to tell the other 2 executors that they were named as executors (in addition to mother). Somehow persuaded her to use them.

So after her death, we didn't take up their offer to administer her will.

Complex estate, overseas assets - not far off sorting it 1.5 years later, IHT400 done by ourselves. A few headaches, a lot of waiting, too much tax!

But all perfectly manageable if you are willing to put in the reading time and be organised and prepared to chase up paperwork.

Kore_Arabin

troubleinparadise wrote: »

A solicitor took 4.5 years to transfer my father's estate to my mother after his death. Simple will, minimal assets to sort. Oh, and they "forgot" to tell the other 2 executors that they were named as executors (in addition to mother). Somehow persuaded her to use them.

So after her death, we didn't take up their offer to administer her will.

Complex estate, overseas assets - not far off sorting it 1.5 years later, IHT400 done by ourselves. A few headaches, a lot of waiting, too much tax!

But all perfectly manageable if you are willing to put in the reading time and be organised and prepared to chase up paperwork.

4.5 years to administer a simple estate is outrageous, I agree. And kudos to you for sorting your late mother's estate out yourselves.

But - just remember - not all solicitors are the same. I am a probate solicitor, and have never in my 15-odd years of practice received one complaint over the handling of an estate. We're not all the same!!

Razzormagnet

here guys this is great.