Where to next?

sturgeon62

Hi
We have been trying to finalize an estate. We are beneficiaries, the Estate has been long and complex, involves two countries, and the whole process has been a steep learning curve and a real eye opener on the whole process.

Deceased died over five years ago, probate obtained in country one after several years, first property sold and this side has sort of been sorted.

Probate in the second country has taken much longer, rejected several times but finally obtained six months ago. We were told there was a potential buyer, then nothing, so six months later they are ignoring letters again, no news on the buyer and no marketing of the property which has been empty for over 7 yrs now and is surely depreciating as it has not been maintained or even looked at it all that time.

The executor has a hostile relationship and appointed a solicitor to sort everything, that solicitor appointed a second solicitor in the other country, each blames the other because of the delays.

At one stage nothing was happening so I contacted the ombudsman who basically said as we were beneficiaries not executors he could not help. We have now stalled again so I was wondering if there is someone like the ombudsman who can help to move the matter forward.

Any advice much appreciated, thank you

SeniorSam

So how long since the executor asked the solicitors to get involved and which two countries are you talking about.

It certainly sounds like you will have a very large legal bill to meet.

Sam

sturgeon62

The solicitors were appointed right at the beginning, the executor is not a beneficiary so has nothing to lose. England and Eire. Apparently there is not much we can do, was hoping there was some legal body like the ombudsman which we could make a complaint to, whilst we sympathized he said as we were not executors we could not complain about the Solicitors. Having already through no choice of our own we are having to pay two sets of incompetent solicitors really don't want to involve yet another one.

SeniorSam

It matters not if the solicitors are executors as they were engaged to assist in a legal capacity. If the person/s (solicitors client/s) who engaged the solicitors are not satisfied with the solicitors, then they should write to them by registered letter. The letter should be headed 'FORMAL COMPLAINT' and list the reasons you are complaint. The matter is then taken over by a solicitors complaints officer who has to investigate ad give his report. Only if the client is then not satisfied with that report, can the Ombudsman's Department be asked to look into it.

Unfortunately, as the Executor has a hostile relatonship with yourselves, and you did not instruct the solicitors, a solicitors complaint cannt be lodged by you.

However, any executor who acts as such, rather than electing not to act as the executor, has a legal responsibility. That includes taking charge and care over all assets and distributing these in accordance with the Will.

It would apear that this executor has not taken care of assets if he has not taken steps to ensure that all property is cared for and maintained until distribution. If this has a detremental effect on values, then the executor is personally responsible.

Therefore, the beneficiaries can apply to the Probate Court and explain why they feel the executor is not doing his duty. The Court have powers to take over or appoint another executor if they feel it justified.

Inview of the very lengthy delays in this matter, which I feel should not have taken place if efficient solicitors were dealing with this correctly, it may be worth you speaking with the Solicitors Regulatory Authority and explaining to them the situation. It may not resolve anything, but they should be concerned that solcitors have taken so long to deal with this case, during which they will be billing all their time and costs.

Sam

Savvy_Sue

While I am sure Sam is quite right in what he says, I'm just wondering if the UK probate court has any jurisdiction over what's gone on in Eire, if that's country two.

And if there were two wills, then it would be necessary to follow the equivalent of Sam's advice, but in Eire, where the situation might be different.

If there was only a UK will disposing of assets in Eire, then as I say, I'm not sure anything can be done under our law.

SeniorSam

Just to clarify this, I am referring to a UK Will and am not sure if this would apply the the laws of Eire. However, the rules of solicitors should be similar as solicitors have a regulatoy auhority to which they are accountable.

Perhaps sturgens62 could clarify if there was one or two Wills and where they originated.

Sam

sturgeon62

Thankyou for all the advice.
There is only one will and it is English (there was an Irish will but when a later second English will was made the wording was changed so it invalidated the Irish will)
I have written already, as suggested by Sam, the formal letter to the Solictors Complaints officer. We have done this twice already at different stages and it moved it forward a little each time. This time I had a standard reply and that they will look into the matter then nothing yet again.
I will try the Solicitors Regulatory Authority next but there seems so little that we can do.
We was aware of the court action regarding changing the Executor but bearing in mind how long it has already taken this seems like a step backwards.
The whole thing is so messy and prolonged we would just like to be able to see the end.

SeniorSam

Thank you for updatingtheinformation on the Wills.

When you say you have already written letters of complaint to the solicitors, was that from the complaints officer of the solicitors?

If so, there is a set proceure which the complaits solicitor has to follow and a time limit in which he has to reply and send his findings. When did you have his reply and have you had his findings yet.

Unfortunately there is also a period in which a complaint can be acted upon, dependant upon. It may be that the solicitors are delaying matters to avoid any legal actio against them. Ask about this from the SRA. but you do need to make them aware of these solcitors and what they are doing. This is important.

Sam

sturgeon62

My complaints letter was sent to the Solicitors. I addressed it to the Complaints Officer at the Solicitors in question. That was two weeks ago, he replied by return of post stating he apologized IF they were at fault and he would have the matter investigated and would be in contact in due course. I believe they have eight weeks? I have contacted the SRA, by email giving the brief facts and will await their advice.
It is so frustrating having no control over events, although this was complex it was made a lot harder then it ever needed to be. It has made us more aware of how simple errors can have such a negative effect.

SeniorSam

That seems OK then. You should have his reply in due course but at least the complaint is in the pipeline.

I must agree that with only an English Will to administer, it has taken far too long. However, the reply you rceive fom the complaints office should list all the reasons for the delay.

I cannot understand why the executor chose to act as such rather than letting others deal with it. Is that executor also a beneficiary?

Sam

sturgeon62

No executor is not a beneficiary, originally they renounced, original solicitor went insolvent and did not get forms completed for renouncing just a letter stating fact, so for six months this went on, then someone (excluded from will) placed a caveat, we tried to get executorship but another beneficiary did not agree, then the executor wanted to do the job after all and went on to appoint the current solicitor.
Basically a total mess from start and we were unable to control. This is only part of a whole list of walls we have come up against.
Lesson learnt there might be a will but it could still be fraught with errors and problems.