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Probate - do we have a problem?

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Comments

  • xylophone
    xylophone Posts: 45,915 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The probate manager is meant to have the house insured....I haven't checked though  (good point). 

    I think it is essential that you check because if he hasn't and your Uncle's own insurance has lapsed, the property is uninsured.

    If he has arranged insurance, what conditions did the insurer impose concerning regular checks on the property/turning off water etc and who is doing the checking?

    And how did he pay the premium? From the money he moved from your Uncle's account?

  • Horsin
    Horsin Posts: 32 Forumite
    Ninth Anniversary 10 Posts Combo Breaker
    Yes, I will check this all re insurance - thank you.
    I am making regular checks on the property and the neighbours have my contact details in case of any problems...but yes, I need to ensure it's covered as it should be. How he paid, I wouldn't know.
    Thank you
  • TBagpuss
    TBagpuss Posts: 11,237 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I think you need to check the contract with the company and also ask for a copy of the probate application.

    I would guess that the probate manager is acting on behalf of the executors, in which case they should be able to tell him that they are terminating the contract and will be proceeding themselves - read the contract to see what it says about ending it - my guess would be that they get to charge for work done but see what it says.

    I'd then see what the response is when they say they wish to end the contract and to have all of the funds and paperwork returned.

    IF they baulk, then make a formal complaint and flag up
    1. Delay
    2. lack of communication
    3. that they claim to be a  member of the Society of Will-Writers but don't appear to be listed as such (possibly contact the society directly first, both to double check and to make them aware that he is holding himself out as a member, if it's not the case)
    4. required outcome (i.e that the paperwork is returned, the funds are sent to your parents a the executors, that they charge only for their time to date, i.e. no uplift or share of the estate.)
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • Horsin
    Horsin Posts: 32 Forumite
    Ninth Anniversary 10 Posts Combo Breaker
    All sound advice - thank you.
    A lot of how I proceed will depend on responses I get next week, for sure, but it's great to have others giving their advice and thoughts on things that have been going around in my head - gives me a clearer picture of how I need to respond. You can end up reacting to things emotionally, when you need to reason. 
    I will keep in touch with the forum
    Thank you 

  • Horsin
    Horsin Posts: 32 Forumite
    Ninth Anniversary 10 Posts Combo Breaker
    So....finally....probate has been granted! I can't tell you how long the application took, because I don't think we're getting straight answers about when it was truly made! It was certainly over 5 months!
    I have a copy of the Grant, I have a copy of the will. Everything looks to be good.
    Now the sale of house etc can proceed...once the probate manager has appointed his solicitor's....seems I'm still having to chivvy him on.
    My advice, simply, would be that if you need to appoint an outside party to help, check their reviews, recommendations etc. We used the business that had drawn up Uncle's will, as that is who he had advised in said will. However, doing the research now, I wouldn't use them....simple lesson, learnt the hard way.
    It's not all over yet, but we've made a step!

  • RAS
    RAS Posts: 36,463 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Why is the probate manager appointing solicitors? Surely you/your parents can get on with selling the house?

    Not least as house sales today require prompt replies and this person can't provide that. And all they will be doing is asking you or your parents for information to pass onto to the solicitors. At considerable cost to the estate.
    If you've have not made a mistake, you've made nothing
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