Probate - do we have a problem?

Horsin

Good morning.
I'm after a bit of advice over a probate issue.
My Uncle died mid November, 2019. As there are numerous beneficiaries to his will (including 2 being my parents and a Trust required for a younger beneficiary) we decided to use a Probate solicitor to take care of everything for us - we engaged him mid December. We still do not have the Grant of Probate. 
Firstly, we were waiting for a divorce certificate that finally arrived (after I applied myself, fed up of waiting) in October. Supposedly Probate was then applied for in November. By mid-January still nothing...then the solicitor said someone from the UK office had sent in a copy, not an original of the will, therefore it had been returned and then resent with the original will. The probate solicitor himself is currently abroad and has been since the first lockdown, after we appointed him.
When I asked if there was a customer reference we could chase, we have been told there isn't one yet. When I managed to contact someone at the particular probate office they couldn't find a record of any application, but said it could be a 'computer search' error, but yes, there should be a reference number if an application had been made (even if the application was 'faulty').
We know my Uncle's account has been closed, and the savings have been moved, but have been told this is normal procedure.
We seem to be getting one excuse after another about the length of time this is all taking.
Has anyone else had something similar take so long? At what point do I become worried and contact his governing body?
I have to say, at this point, we haven't parted with any money.

Marcon

Look on the website for the firm you appointed and make a formal complaint using their complaints procedure.

Keep_pedalling

I would be worried now especially as the guy dealing with the probate has been out of the country for nearly a year.

Horsin

Thanks for your replies.
The company is the same one that facilitated my Uncle's will for him, and in this will he specified that this company was used if help was needed with executing the will/probate etc.  We therefore (possibly stupidly) did not do much research before signing the case over. Now, when I try to investigate, there is no website. In the agreement it does say 'raise any concerns with us..., and if it isn't resolved to your satisfaction you may refer it to The Society of Will Writers'. The address for the probate solicitor is simply one of those 'freelance office space' facilities. He has been in touch...but always with an reason/excuse for delays.

xylophone

We know my Uncle's account has been closed, and the savings have been moved, but have been told this is normal procedure.

Moved where and by whom?

Who is the executor named in the will?

The address for the probate solicitor is simply one of those 'freelance office space' facilities. He has been in touch...but always with an reason/excuse for delays.

You are sure that he is a solicitor/member of the SOWW?

https://www.sra.org.uk/bogus-solicitors/

http://willwritersltd.co.uk/the-society-of-will-writers/

Horsin

My parents are the named executors. As they are elderly (never use internet, always ask us to sort insurance etc) and as there are other beneficiaries, we decided that using a third party would be best.
I have probably just 'plucked' the term probate solicitor - looking at the agreement, it says 'Probate Manager'.
I have just spoken to the Will Society, who have said I can submit a complaints form, but they don't think they can help with a probate issue.
The bank will only tell us that the account has been closed and the monies moved, by the probate manager.

xylophone

You have checked that this Probate Manager is a current and fully paid up member of the SOWW?
http://willwritersltd.co.uk/the-society-of-will-writers/

Why should I use a Society member? Members continue to train on a yearly basis doing a minimum of 24 hours. All of our members hold professional indemnity insurance with a minimal level cover of £2 million. All of our members adhere to our code of practice and complaints procedure. Members are admitted after a stringent and robust application process. 

then the solicitor said someone from the UK office had sent in a copy, not an original of the will, therefore it had been returned and then resent with the original will.

The "Probate Manager" said that someone from his office had done this?

Somebody in the "freelance office space"?

The bank will only tell us that the account has been closed and the monies moved, by the probate manager.

But on what authority? He didn't even have a Grant of Probate!

And to what account has it been moved? His personal account? His client account?

Was he applying for the Grant on the basis that your parents would be named on it as Exors?

Horsin

Thanks for your reply, xylophone.
Apparently, for smaller amounts (usually under 50k, I think, but for a while under 100k...due to Covid delays and beneficiaries wanting access to monies) no Grant of Probate is needed for an account to be closed and monies moved - the probate manager would have had authority as we had signed a contract with him. They wouldn't tell me which account it had been moved to, just that it had been moved by him.
Yes, someone working for him in the UK had sent the copy in, instead of the original. And no, I cannot find his registration details on the Society of Will Writers. The contract also says he is registered with the European Association of Will Writers...but I cannot find a website for them!
I'm starting to get a very horrible feeling about this...

xylophone

https://www.iwcprobateservices.co.uk/blog/tag/european-association-of-will-writers/

https://www.iwcprobateservices.co.uk/blog/iwc-now-official-probate-providers-for-the-european-association-of-will-writers/

Try IWC as above?

xylophone

And are there assets other than cash?

Horsin

Thank you! I will try them tomorrow.
There is a house, but that has not been sold as Grant of Probate is definitely needed before any conveyancing solicitor will become involved with that.