Problem with solicitor who is executor

Maureen43

Hi All

I'm due to inherit a small sum from a relative who died in November '14.

A solicitor is executor of her estate. As yet the estate has not yet been finalised / distributed. Every month or so I send an email to the solicitor asking for an explanation of what has yet to be done. Every month she emails a reply of "I'll chase it". Then, after a week with no reply I email again "Please can I have a response", to which I get the reply "I've chased it". And then nothing till the next month!

This month, a bit fed up, I commented that I have yet to have a full explanation of what the delays are despite asking frequently. This time she emailed me the phone number of the accountant and said I could ask them myself!

Surely that is the job of the solicitor who is being paid to be executor?

Am I within my rights, as someone due to inherit, to ask the executor for a detailed breakdown of the remaining issues within 7 days or I will launch a complaint? Or do I have no rights? I don't want to punch above my weight.

Help please!

Maureen

Keep_pedalling

Basically you don't have any right to the information you are after they are acting for the estate not the beneficiaries. The executor should provide a set of accounts to the major beneficiaries once the estate has been wound up but as a minor beneficiary you just have to wait for your cheque, and solicitors can be horribly slow in getting an estate finalised.

Maureen43

So the solicitor / executor is answerable only to the estate, and hence not to anyone alive?!

Keep_pedalling

Maureen43 wrote: »

So the solicitor / executor is answerable only to the estate, and hence not to anyone alive?!

No, if for instance they wound up the estate and failed to pay a beneficiary, or someone owed money by the estate, they would be personally responsible for correcting that, it's just that they have no obligation to keep all benificiaries informed of progress.

Maureen43

I'm really surprised by that.

Are they expected to work to any particular timescale?

troubleinparadise

Maureen43 wrote: »

I'm really surprised by that.

Are they expected to work to any particular timescale?

There is a phrase which is "the executor's year", used to describe a generally accepted amount of time that an executor should take to complete the administration of an estate. However, that has no legal standing as such.

You might find the following an interesting read; it is the report by the Legal Ombudsman about complaints made centering around wills and their administration:

http://www.legalombudsman.org.uk/publications/will-writing/report.html

From this report:

Delays (12%) are also a common cause of complaint in wills and probate work.

It is always difficult to predict how long a probate case will take as they can range from the straightforward to the extremely complex. Many people, however, still refer to the notion of an “executor’s year”. This is based on the idea that, assuming there are no complications – including with the will itself – executors should be able to discharge their responsibilities within 12 months of a testator’s death.

Keep_pedalling

My wife was the residual beneficiary from her uncle, the very old fashion Scotish solicitor dealing with the estate to took 3 whole years to wrap the thing up, although all the minor benificiaries were paid in the first year, and there were interim payments in that time scale as well.

There was nothing that complicated in it either, he left his house to another relative and that was transferred pretty quickly the rest was stock and shares so I know how long these things can drag on for, when solicitors are involved.

antrobus

Keep_pedalling wrote: »

No, if for instance they wound up the estate and failed to pay a beneficiary, or someone owed money by the estate, they would be personally responsible for correcting that, it's just that they have no obligation to keep all benificiaries informed of progress.

Really?

An estate beneficiary is entitled to information concerning the original assets to the estate and in relation to the ongoing accounting of the estate. If the executor does not produce this information voluntarily, a beneficiary may require that the executor complete a court supervised review of the accounts.


http://www.gilmoreandgilmore.com/areas-of-practice/estate-and-personal-planning/wills/executor-duties/

TBagpuss

antrobus wrote: »

Really?

An estate beneficiary is entitled to information concerning the original assets to the estate and in relation to the ongoing accounting of the estate. If the executor does not produce this information voluntarily, a beneficiary may require that the executor complete a court supervised review of the accounts.


http://www.gilmoreandgilmore.com/areas-of-practice/estate-and-personal-planning/wills/executor-duties/

In Ontario. I assume that OP is in the UK.

OP, you can *ask* the solicitor if they can give you a litle more information baout the reason for the delay, but you do't have the right to demand it. If papers are with an accountnat that suggests that the estate is not particualrly simple, accountants are normally only necessary where there are complex accounts or assets.

I would suggest that you send a politely worded letter or email saying ;

"I appreciate that you are waiting for the accountants but would be grateful if you could let me know when you expect to be in a position to distribute the estate, or failing that, when you expect to be in a position to know what the timing will be. I don't wish to chase you unecessarily but would be grateful if you could give me some idea of the likely timescales to finalise the estate"

Another thing you could do is speak to your other family members - do you know who the main beneficiaries of the estate are? They may well know more about waht is happeneing and may be able to update you without having to involve the solicitor.