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Probate Stand off / in situ
katy123
Posts: 365 Forumite
We just met the solicitor who was named as executor, we made it clear that there is £2k in bank account and the house is jointly owned with grandad (so it automatically goes to him). Solicitor is insisting that she explore whether there is other cash in other banks and said she will not relinquish her role and will charge us. We asked who would have to pay for the work as the estate is insolvent (insufficient to cover funeral cost), she said grandad. Bank with the £2k is insisting probate so what we want is for the solicitor to renounce her role so grandad or my dad can apply for probate ourselves to save cost. She said the estate will just remain in situ, any advice?
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The solicitor is expected to renounce in such circumstances. If they will no renoune then you will proably have to go to their regulator but first you need to lodge a formal complaint under the firm's complaints procedure. You need to check how the property is held. Who arranged the funeral.We just met the solicitor who was named as executor, we made it clear that there is £2k in bank account and the house is jointly owned with grandad (so it automatically goes to him). Solicitor is insisting that she explore whether there is other cash in other banks and said she will not relinquish her role and will charge us. We asked who would have to pay for the work as the estate is insolvent (insufficient to cover funeral cost), she said grandad. Bank with the £2k is insisting probate so what we want is for the solicitor to renounce her role so grandad or my dad can apply for probate ourselves to save cost. She said the estate will just remain in situ, any advice?0 -
Which bank is insisting on probate? Even if they won't pay out without probate, they may pay funeral costs direct to a funeral director, which would clear the account out, which would overcome the near for probate.
Funeral costs have first call on the estate, and if that pushes the estate into insolvency the solicitor cannot pass on her fees on to your GF.
If your GFs will also appoints a solicitor as executor, make sure he changes it pronto.0 -
The thing is my GF has already paid the funeral in full, but I know that it should be the same, i.e. funeral has first call whether it has been paid or not by somebody else.
Will ask the funeral to send to bank. Thank you so much for your comments, I'm going to complain........
What if this scenario arises? We manage to get funds out without probate. say 5 years later we find out somehow that there were other savings, will we have to go back to the solicitor again to get probate? From our point of view, it is therefore easier if solicitor just renounce executorship (letter) so if this arises, we can apply ourselves but from her point of view, she don't want to give it up. How can we force her to give this to us? If the answer is you can't, then there will always be this stand off. Solicitor's mind will be thinking "who knows for 100% sure there isn't other money and how much", but we are 99% sure there isn't. Hence if they gives it up, we can make enquiries ourselves, but we can't enquire without being named as the executor (with probate), it's a catch 22 situation.0 -
If you can persuade the solicitor to renounce probate you can apply for letters of administration with the will annexed. Don't do this unless you are sure the state is solvent. As I said first make a formal complaint under the firms complaints procedure.The thing is my GF has already paid the funeral in full, but I know that it should be the same, i.e. funeral has first call whether it has been paid or not by somebody else.
Will ask the funeral to send to bank. Thank you so much for your comments, I'm going to complain........
What if this scenario arises? We manage to get funds out without probate. say 5 years later we find out somehow that there were other savings, will we have to go back to the solicitor again to get probate? From our point of view, it is therefore easier if solicitor just renounce executorship (letter) so if this arises, we can apply ourselves but from her point of view, she don't want to give it up. How can we force her to give this to us? If the answer is you can't, then there will always be this stand off. Solicitor's mind will be thinking "who knows for 100% sure there isn't other money and how much", but we are 99% sure there isn't. Hence if they gives it up, we can make enquiries ourselves, but we can't enquire without being named as the executor (with probate), it's a catch 22 situation.0 -
We just met the solicitor who was named as executor, we made it clear that there is £2k in bank account and the house is jointly owned with grandad (so it automatically goes to him). Solicitor is insisting that she explore whether there is other cash in other banks and said she will not relinquish her role and will charge us. We asked who would have to pay for the work as the estate is insolvent (insufficient to cover funeral cost), she said grandad. Bank with the £2k is insisting probate so what we want is for the solicitor to renounce her role so grandad or my dad can apply for probate ourselves to save cost. She said the estate will just remain in situ, any advice?
A question for the more knowledgable (YM;)… on what grounds would the GF have to pay?
- surely the executor works for the estate (which can't pay)?
- is the solicitor saying he should pay because he is husband? or a beneficiary (of nothing in this case)?
It seems ludicrous that someone not benefitting and not contracting the solicitor should have to pay. Also an odd precedent that would seem to suggest if someone is left something in a will of an insolvent estate they can be made to pay money that they might not have and will not be inheriting.0 -
We don't know if the house was owned as joint tenants or tenants in common. Therefore it could be possible that the estate might have an interest in it. That was my reason for saying it. What puzzles me is why the solicitor wants to administer the estate if it is, as it may be, insolvent.He wouldn't.0 -
Yorkshireman99 wrote: »We don't know if the house was owned as joint tenants or tenants in common. Therefore it could be possible that the estate might have an interest in it. That was my reason for saying it. What puzzles me is why the solicitor wants to administer the estate if it is, as it may be, insolvent.
Joint tenants, 100% certain as confirmed by solicitor.0
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