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solicitor seems to be taking a long time,is this normal?
Froglet
Posts: 2,798 Forumite
I am wondering just what sort of time it takes for a solicitor,as executor of a relative's will,to sort it all out,and whether she can be contacted and asked to explain what is taking so long.
My grandfather's second wife died last November.They had no family together but my grandfather had 2 children,my Mum and her sister.When she died,she left a will leaving her estate to all 6 of his grandchildren,and her niece who cared for her before she died,as she was the only one close by.
She had a flat which sold fairly quickly,and completed in July this year .Before that,her solicitor,whom she made the will with and instructed her to be the executor, got in touch with all of us in preparation ,asking for proof of ID which we all duly sent.
Last month my sister rang up and asked how it was progressing and was told it wouldn't be much longer.i know it is like asking how long is a piece of string but I don't think there was anything complicated to sort out,to be honest.What is the "done thing" in matters like this? Is it possible that the solicitor is stringing it out so she can charge more or is that just me being cynical? Have I a legitimate right to ring and ask?
Has anyone else been in this situation,or what would others advise is the correct way to handle it? By the way I do not have the contact details for her niece so I can't find out whether she is doing anything her end,otherwise I would.
My grandfather's second wife died last November.They had no family together but my grandfather had 2 children,my Mum and her sister.When she died,she left a will leaving her estate to all 6 of his grandchildren,and her niece who cared for her before she died,as she was the only one close by.
She had a flat which sold fairly quickly,and completed in July this year .Before that,her solicitor,whom she made the will with and instructed her to be the executor, got in touch with all of us in preparation ,asking for proof of ID which we all duly sent.
Last month my sister rang up and asked how it was progressing and was told it wouldn't be much longer.i know it is like asking how long is a piece of string but I don't think there was anything complicated to sort out,to be honest.What is the "done thing" in matters like this? Is it possible that the solicitor is stringing it out so she can charge more or is that just me being cynical? Have I a legitimate right to ring and ask?
Has anyone else been in this situation,or what would others advise is the correct way to handle it? By the way I do not have the contact details for her niece so I can't find out whether she is doing anything her end,otherwise I would.
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Comments
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A year is normally the maximum it should take unless there are complications. A polite phone call should do no harm.I am wondering just what sort of time it takes for a solicitor,as executor of a relative's will,to sort it all out,and whether she can be contacted and asked to explain what is taking so long.
My grandfather's second wife died last November.They had no family together but my grandfather had 2 children,my Mum and her sister.When she died,she left a will leaving her estate to all 6 of his grandchildren,and her niece who cared for her before she died,as she was the only one close by.
She had a flat which sold fairly quickly,and completed in July this year .Before that,her solicitor,whom she made the will with and instructed her to be the executor, got in touch with all of us in preparation ,asking for proof of ID which we all duly sent.
Last month my sister rang up and asked how it was progressing and was told it wouldn't be much longer.i know it is like asking how long is a piece of string but I don't think there was anything complicated to sort out,to be honest.What is the "done thing" in matters like this? Is it possible that the solicitor is stringing it out so she can charge more or is that just me being cynical? Have I a legitimate right to ring and ask?
Has anyone else been in this situation,or what would others advise is the correct way to handle it? By the way I do not have the contact details for her niece so I can't find out whether she is doing anything her end,otherwise I would.0 -
Solicitors have turned 'stringing things out' into an art form, but after a year they should be in a position to distribute , this is called the 'executor's year'.0
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Many solicitors will not pay out until a year has elapsed. It offers them a degree of protection from more debts being discovered and other disputes
It shouldn't increase the amount of work done - just spread it out.0 -
It's unlikely that the solicitor is stringing it out. It is possible that they are simply busy and that your step-grandmother's estate is a lower priority than some matters.
It is also possible that they have found issues such as overpayment of benefits or pension which has taken a while to sort out.
A polite phone call or e-mail asking for an update would certainly be reasonable, and there is no reason why you can't ask for a little information abotu what remains to be done, or what they are currently waiting for.All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)0 -
And the evidence for this is what exactly?0
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My experience was very similar. A very long delay between each letter or transaction (sometimes months). I think my solicitor (or clerk) only opened the estate case file once a month, dealt with actions and replies, then closed the file again and waited. This is how he seemed to work. In the end, (22 months for me), it all was completed with no issues. It's just a glacial process - be patient, but do call them to inquire if you are concerned or have questions.0
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Thank our very much for all your replies.I have decided to wait a little longer,she died November 15 th last year so I will give it until at least towards the end of this month.Meanwhile I shall contact my aunt as she has her nieces phone no and see if she has any updates.0
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Thought I would post an update for those of you who took the trouble to reply to me before.
I have today spoken to my step grandmother's niece.She lost her Mum earlier this year and it has been a bit complicated getting probate.It was her Mum who was left some money in the will but as she died before it was sorted out she has to now get probate before the solicitors will pay the final amounts.She asked if there was any way round it and it has been agreed that an interim payment could be made to the rest of us and that is now being organised.
Once she has probate for her Mum's estate the final settlement can be sorted out ,and a breakdown of everything will be sent to us all.It should be sorted before xmas but no matter,at least we now know why it has been taking time to get sorted.
Reading some people's stories on here it actually seems quite quick now!0
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