Solicitor taking an age

Inadilemma

Hi, Mum passed away November 2018 and at the time I decided to get the solicitor who held the will to obtain probate for an apparent fixed fee. I could probably have struggled through and do it myself but thought at the time it would ease some pressure.
Fast forward to Nearly now end of July and I’m really struggling with the solicitor, Probate was granted in June and I believe they are now gathering monies from banks etc, however I’m really left in the dark as to progress and getting no updates whatsoever from them.

Is this standard practise from a solicitor generally? I’m loathe to ask them for an update as I’ll no doubt be charged for their time in updating me.

Keep_pedalling

Yes it is the norm, 8 months would be super fast especially as there are a couple of rental properties to deal with.

SeniorSam

As you have agreed a fixed fee, don't be worried about calling the solicitor fpor a progress update. They expect it. It was very wise to agree a fixed fee and otherwise it could string out and cost a lot more,. Time so far is not too bad as until Probate was granted, they can not move forward and take action. have a chat and I'm sure you will 'chill' a little.

badger09

To be honest, that doesn't sound long at all, especially in view of the known issues with Probate Office new IT systems. It took me almost 3 months to be in position to apply for Probate: I knew where all bank accounts etc were held, which utility companies were involved, there was only 1 property and I was only handling one application:cool:.

If your solicitor has had to obtain multiple property valuations, I'd say they've done really well.

You say Probate was granted in June - so anything between about 3 and 7 weeks ago. It will take at least 2 -3 weeks to gather in the bank account funds. If it were me, I'd probably ask them for monthly updates, but I do think you need to manage your expectations.

TBagpuss

It doesn't sound unusully long. One issue is that the Probate ffice has massive backlogs and this isn't somthing the solicitors have any control over at all.

Fixed fees are one of the ways which solicitors try to keep costs low for clients, but it usually goes hand in hand with the lawyer having a high volume of cases, and means that they cannot spend as much time on it , so they are likely only to contact you wheen there is spencifc information to pass on, rather than giving you regular updates to keep you in the loop enev when there's nothing significant happening.

If it is a fixed fee (check your paperwork) then you shouldn't be charged for calling for an update.

Linton

In my experience it could take 1 year from death for a full distribution. I believe solicitors like to leave a year in case unexpected debts turn up. If they have alreay distributed all the estate and cannot recover it they could be held responsible for the repayment. The solicitor may be willing to make an early partial distribution of the money.

antrobus

Linton wrote: »

In my experience it could take 1 year from death for a full distribution. I believe solicitors like to leave a year in case unexpected debts turn up. If they have alreay distributed all the estate and cannot recover it they could be held responsible for the repayment. The solicitor may be willing to make an early partial distribution of the money.

Solicitors place a s27 notice to protect themselves from unexpected debts that might arise post distribution.

Marcon

antrobus wrote: »

Solicitors place a s27 notice to protect themselves from unexpected debts that might arise post distribution.

Is the solicitor actually the executor? Not clear from OP's post if that is the case.

Inadilemma

Thanks for the responses, looks like I’m being a bit over optimistic in terms of the time taken. I was rather hoping and assuming that I’d get regular monthly updates on progress but really only get sent the odd form to sign every now and again. I think I’ll just relax about it all and just let it happen.

Savvy_Sue

You don't necessarily want to relax too much ... in a busy office, whose file is coming to come to the top of the heap first?

4leafclover_2

We also had to correct just about every piece of paperwork we were sent to check, I think the aim is to take in as much work as possible then juggle it all, and hope not too many people shout - so as suggested above its nothing unusual but you need to keep reminding them or you get left until last. In my case they are fixed price but cost several months salary (as I'm not a lawyer) for what they estimated as 8ish days work.