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Solicitor is delaying inheritance

Hi there, I'd like to ask advice on the manner in which my mothers solicitor is behaving. This solicitor was hired by my mother to write a will and act as executor along with my two siblings. The house involved in my mothers estate was sold at least a month ago, that's when the new tenants moved in.
Despite this I have had little communication from the solicitors, they've only said that the hold is due to capital gains/inheritance tax and we would not see anything until the end of this month. I thought that should have been worked out when probate was granted?
I've been awaiting a reply for over a week on a request for an interim payment and every time I call they are busy...

I appreciate any advice on this matter
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Comments

  • Hi there, I'd like to ask advice on the manner in which my mothers solicitor is behaving. This solicitor was hired by my mother to write a will and act as executor along with my two siblings. The house involved in my mothers estate was sold at least a month ago, that's when the new tenants moved in.
    Despite this I have had little communication from the solicitors, they've only said that the hold is due to capital gains/inheritance tax and we would not see anything until the end of this month. I thought that should have been worked out when probate was granted?
    I've been awaiting a reply for over a week on a request for an interim payment and every time I call they are busy...

    I appreciate any advice on this matter
  • Tom99
    Tom99 Posts: 5,371 Forumite
    1,000 Posts Second Anniversary
    [FONT=Verdana, sans-serif]Have you worked out some figures yourself to see what sort of interim distribution could be made?[/FONT]
    [FONT=Verdana, sans-serif]The other two executors can write to the solicitor for a more detailed explanation.[/FONT]
  • I presume that any funds under the tax free threshold would be free to be distributed
  • Dont’t expect anything too quickly. HMR&C take ages to clear things. Also once the estate is finalised the solicitor will publish the statutory notices and then has to wait two months to see if there are any claims. Also the solicitor will have to wait six months fro the date of death to see if there any claim from potential dependants. Also remember that each letter they write or phone query they deal increases the bill.
  • The date of death was 16 months ago, probate was granted a year ago.
  • In which case make a formal complaint under the firm’s complaints procedure.
  • chesky
    chesky Posts: 1,341 Forumite
    Eighth Anniversary 1,000 Posts
    You're already receiving advice for this on the deaths and funerals board.
  • Patience is a virtue.
  • Severing. As YM99 above is aware, I'm in the same boat as you regards timing but have good comms with the solicitor. My father died about 20 months ago. We last heard from HMRC 12 months ago when they told us they were looking further into the estate. Probate was received 11 months ago and as executors we were able to make an interim distribution in the New Year. It may be that your solicitor is being over cautious about distributing the estate or is waiting to complete the whole business in one go. I would ask your sibling executors to ask the solicitor why an interim distribution can't be made...completion may be months yet.
  • nyermen
    nyermen Posts: 1,142 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    I know little to nothing about this area, but I would suggest you explore (google?) "Executor Year" if you don't know the term already.

    Peter
    Peter

    Debt free - finally finished paying off £20k + Interest.
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