Six months delay on distribution of estate

lonewaiter

We have just received the grant of probate on my mother’s estate. There are two equal beneficiaries – my sibling and me.


The estate is mainly my mother’s home. It is in the process of being sold and that should be completed very soon. Once it is sold, I would have hoped that the money could be distributed but we are up against the six months delay which is usually applied.


The house was actually divided between my mother and her husband many years ago. When he died about twenty years ago he left his half in equal shares to my sibling and me but with my mother having a life interest. So, as I see it, the distribution of his share should not need to be delayed any further. Is this a valid point?


The solicitor (who is also an executor) seems unwilling to countenance any distribution before six months after grant of probate. Is there anything I can do? For example, is it possible to purchase insurance against additional claimants popping up in the next few months?


My share of the proceeds of the house sale would make all the difference to a house move I and my partner are desperate to make. We have already deferred moving over the past few years due in part to my mother’s failing health. A suitable house is currently available and we want to be able to place an offer.

Savvy_Sue

Your point about being paid the quarter share of the house you already own seems a valid one to me, but IANAL, so ...

Is the solicitor sole executor? If not, other executors might be able to win the argument about interim distributions.

Have they explained why they will not do an interim distribution? Have you explained why you want it?

Is bridging finance or a short term mortgage a possibility?

I'm sure it's possible to insure against other claims, you can insure against almost anything! A broker would be able to advise.

Is there inheritance tax due?

getmore4less

Who are the trustees for your share, (default would be executors of fathers will).

lonewaiter

Savvy_Sue,

Thank you for your response.

My sibling and I are also executors.

I have a letter saying "there will usually be no distributions from the estate until the statutory advertisements have been placed and a 6 month period has expired from the issue of the Grant of Probate". At this point I have not asked for early distribution. I want to understand where I stand before asking.

Some sort of bridging finance might be possible but I would very much prefer not to have to go down that road for the obvious reasons of cost and extra work arranging it.

I shall research the insurance side. Luckily I do know a good insurance broker. :-)

Inheritance tax is not due.

lonewaiter

getmore4less,

Thank you for your reply.

The executors for my step-father's will were my mother, my sibling and me. I shall have to check whether the solicitor was also named and acted as executor.

dzug1

The solicitor is being ultra cautious but is correct.


Still worth asking about interim payments - there's no law against them if the parties concerned are in agreement

lonewaiter

dzug1,

Thank you.

Yes - I appreciate the need for caution but it is very frustrating. I shall be asking about interim payments.

getmore4less

I think,

The house sale should be split, in the shares of the mothers estate and the trust.

I can see no reason to hold back the share that was in trust with life interest it is not part of the estate that could be challenged.

It would be the trustees that chasing for that distribution(might be you in a different legal capacity).

Mojisola

lonewaiter wrote: »

The house was actually divided between my mother and her husband many years ago. When he died about twenty years ago he left his half in equal shares to my sibling and me but with my mother having a life interest.

getmore4less wrote: »

The house sale should be split, in the shares of the mothers estate and the trust.

I can see no reason to hold back the share that was in trust with life interest it is not part of the estate that could be challenged.

I agree with gm4l - half the house already belongs to you - it isn't part of your mother's estate. You should be given that money as soon as the house is sold.

DandelionPatrol

dzug1 wrote: »

The solicitor is being ultra cautious but is correct.


Still worth asking about interim payments - there's no law against them if the parties concerned are in agreement

Can you substantiate this in respect of the share of the property which belongs entirely to OP and sibling?

The only grounds I can see for the solicitor to delay this is in order to substantiate OP's and sibling's claim on the property and in relation to any claim which may be made in respect of their share of the property. This is no more than a solicitor would be required to do for any sale of property belonging to a live person. This should in no way be associated with or predicated upon the delays for disposal of property in an estate.

wwl

My sibling and I are also executors.

In which case could you not simply tell the solicitor that his services are no longer required and that you will handle everything from now yourselves?