Help with inheritance and unhelpful solicitors.

Rob_Mogs

Apologies for the double post but didn't initially see this section.


Hi folks, nothing political here I'm afraid, just 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.

Keep_pedalling

Who is the other executor?

For such a small estate I would have thought there would be no need to engage any solicitors, unless your father has named them as an executor.

Keep_pedalling

I've just seen your other thread where you say the other executor was a freind of your father, in which case despite what the will says he has no reason at all to engage any solicitors.

If all your father's assets are sitting in banks then you might not even require probate but the missing executor may make that a bit tricky.

konark

You are the executor not the solicitors unless you have appointed them. If you have unappoint them quickly, get round the banks with the death certificate and collect all the moneys. If there's no property and not much money you can do it without probate.

Once your father has appointed executors he can't stipulate which solicitors to use, or he should have appointed them as executors. And as for having a guy who ripped him off as an executor...?

Reserving benefit means the other executor can act as executor if he wants to but this seems unlikely, the solicitors are wasting your money even trying to contact him.

SmlSave

konark wrote: »

You are the executor not the solicitors unless you have appointed them. If you have unappoint them quickly, get round the banks with the death certificate and collect all the moneys. If there's no property and not much money you can do it without probate.

The OP is not the Executor named in the Will

Rob_Mogs

Keep_pedalling wrote: »

Who is the other executor?

For such a small estate I would have thought there would be no need to engage any solicitors, unless your father has named them as an executor.

Solicitors are not named as an executor no, but I know no different and the remaining executor has told them to proceed with things.

The remaining executor also emptied my father's rented flat himself because had he not the solicitor was going to action it themselves at a cost of 200pr hour.

Rob_Mogs

Keep_pedalling wrote: »

I've just seen your other thread where you say the other executor was a freind of your father, in which case despite what the will says he has no reason at all to engage any solicitors.

If all your father's assets are sitting in banks then you might not even require probate but the missing executor may make that a bit tricky.

There's 30k in one account and 4 in another, so I think probate is needed for the large amount.

Keep_pedalling

Rob_Mogs wrote: »

There's 30k in one account and 4 in another, so I think probate is needed for the large amount.

Depends which banks, I know Barclays will go up to £30k but others have different levels.

antrobus

Rob_Mogs wrote: »

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

Wills frequently name at least two people as executors. It is often the case that it is more practical and convenient for just one of those people to act as sole executor; so they apply for probate alone, but reserve benefit for the other i.e. leave open the possibility that the non proving executor can at later date apply to join in, so to speak.

brewerdave

...my mother named 4 of us as executors,two brothers and two step brothers.Could have made things VERY longwinded!!
Fortunately we are all still in touch ,so I have just completed the administration of her estate with the other 3 named as executors with power reserved. Made a huge difference to dealing with some of the financial institutions who were quite "difficult" until I got grant of probate when everything has been sorted in a few weeks.

Rob_Mogs

antrobus wrote: »

Wills frequently name at least two people as executors. It is often the case that it is more practical and convenient for just one of those people to act as sole executor; so they apply for probate alone, but reserve benefit for the other i.e. leave open the possibility that the non proving executor can at later date apply to join in, so to speak.

Solicitors have been told numerous times they will not get hold of the other one, so I've no idea why (apart from stealing our money) their dragging it out for so long.