A little help with inheritance. I've no idea.

Rob_Mogs

Hi folks, thought I'd get some sensible advice.

My father passed away in December and left about 34k to be divided between myself and a brother and sister (who both live in Switzerland)

There were two executors of the will, one of which lives in the Philippines and can't be contacted.

My father left a will stating who deals with what and choice of solicitors etc.

I cannot get hold of the solicitors by phone AT ALL, and have only managed to get one reply via email from them in 5 months, when I replied with another question I've not had a reply again.

In this one reply which was a week before easter I was told they cannot get hold of the executor who is abroad and with be submitting an application to probate on the basis of one executor and reserving a benefit for the other.


Couple of questions if anyone knows the answers, what is the typical time frame that something like this should take?

What is meant by 'Reserving a benefit for the other executor'?

My father and I weren't exactly close, and I know that children shouldn't be of the opinion that their parents owe them anything, I'll spare you the horror stories, but he really did owe me and I was hoping to have the funds by now so my partner and I can start a business and give our little ones what he didn't give me, security.

Another issue I have is that the executor who cannot be contacted is only in the Philippines because he already stole a vast amount of money from my father's accounts while he was very ill some 7 years ago, which we cannot prove as my father authorised the funds.

I'm just worried that each day that goes on these solicitors will be digging a bigger hole into the funds and ill be left with nothing, especially after being told they charge a fortune for every email and letter they send or receive, I really don't want to keep contacting them.

Any help or advise is greatfully received.

Mojisola

Rob_Mogs wrote: »

There were two executors of the will, one of which lives in the Philippines and can't be contacted.

Who is the other executor?

Rob_Mogs

Mojisola wrote: »

Who is the other executor?

Both executors are/were friends of my father, the one who is/was dealing with a fair few things isn't a problem and is keen to proceed.

Another thing I forgot to mention is that one of my father's wishes are that his ashes are taken back to Switzerland, undecided if that would make any difference.

SmlSave

Couple of questions if anyone knows the answers, what is the typical time frame that something like this should take?

It could take months as it's not exactly a usual case.

What is meant by 'Reserving a benefit for the other executor'?

It means that should the missing executor appear they can then basically do their job as executor. But mainly its a way for Probate to be granted giving the known executor the ok to do the 'job' by themselves with no further delays.

I'm just worried that each day that goes on these solicitors will be digging a bigger hole into the funds and ill be left with nothing

They won't leave you with nothing as they'd never get return customers otherwise. They do charge a lot but it is a lot of work and they have to prove, if queried up to 20 years in the future(!), that they did everything possible to find the missing executor.

SmlSave

Rob_Mogs wrote: »

Another thing I forgot to mention is that one of my father's wishes are that his ashes are taken back to Switzerland, undecided if that would make any difference.

No difference - this isn't legally enforceable

74jax

My dad died in October, my brother and I are executors but my brother reserved his right and I deal with everything.

It's still ongoing, I expect it will be a good few months yet to be settled.

Savvy_Sue

Who instructed the solicitors, and does the will tell the executors to instruct these solicitors?

On one level, you're lucky to get any answers from them if you did not instruct them, as their duty is to the executors.

On another level, they don't seem to be doing a very good job, but only the executors could disinstruct them / use others.

The executor you can contact should press them for action, IMO.