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Intestate Estate

I am dealing with my dad’s estate who died in June last year, dying intestate. I got lawyers involved (the one used to buy my house and previously sell my flat) to obtain executorship and to complete the IHT form.

Due to the estate being intestate (and in Scotland) I had to get a bond of caution. According to the insurance I need to stay with the same solicitor to distribute the estate.

I have had a really stressful experience with the solicitor, dealing with an executory assistant I had no dealings with prior. They have made a lot of mistakes, which led to interest on the inheritance tax, and some poor advice. I only got confirmation last week.

I want to fill in the form and complete the gathering in myself, as I feel confident to do this. My dad’s estate is pretty substantial, with 600k of shares and a 250k house. The two beneficiaries are me and my brother.

Has anyone any similar experiences or advice? 

Replies

  • MarconMarcon Forumite
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    I am dealing with my dad’s estate who died in June last year, dying intestate. I got lawyers involved (the one used to buy my house and previously sell my flat) to obtain executorship and to complete the IHT form.

    Due to the estate being intestate (and in Scotland) I had to get a bond of caution. According to the insurance I need to stay with the same solicitor to distribute the estate.

    I have had a really stressful experience with the solicitor, dealing with an executory assistant I had no dealings with prior. They have made a lot of mistakes, which led to interest on the inheritance tax, and some poor advice. I only got confirmation last week.

    I want to fill in the form and complete the gathering in myself, as I feel confident to do this. My dad’s estate is pretty substantial, with 600k of shares and a 250k house. The two beneficiaries are me and my brother.

    Has anyone any similar experiences or advice? 
    If you do that, you are splitting the responsibility - in other words, giving your solicitor wriggle room which you may not wish to do. You also need to be very careful not to invalidate the bond of caution.

    Have you complained about your concerns and the mistakes you say they have made? If so, what remedial action are they offering? Could you ask for someone else to handle the estate (at no increased cost to you) if that would give you more confidence?
  • Perrinado40Perrinado40 Forumite
    6 Posts
    First Post
    Marcon said:
    I am dealing with my dad’s estate who died in June last year, dying intestate. I got lawyers involved (the one used to buy my house and previously sell my flat) to obtain executorship and to complete the IHT form.

    Due to the estate being intestate (and in Scotland) I had to get a bond of caution. According to the insurance I need to stay with the same solicitor to distribute the estate.

    I have had a really stressful experience with the solicitor, dealing with an executory assistant I had no dealings with prior. They have made a lot of mistakes, which led to interest on the inheritance tax, and some poor advice. I only got confirmation last week.

    I want to fill in the form and complete the gathering in myself, as I feel confident to do this. My dad’s estate is pretty substantial, with 600k of shares and a 250k house. The two beneficiaries are me and my brother.

    Has anyone any similar experiences or advice? 
    If you do that, you are splitting the responsibility - in other words, giving your solicitor wriggle room which you may not wish to do. You also need to be very careful not to invalidate the bond of caution.

    Have you complained about your concerns and the mistakes you say they have made? If so, what remedial action are they offering? Could you ask for someone else to handle the estate (at no increased cost to you) if that would give you more confidence?
    Thanks for your response, I appreciate it.  They are quite a small firm so not sure there is anyone else that could do it.  I have made my concerns over the work but not really listed the mistakes.  
    I understand regarding the bond of caution too.  It is just so frustrating the whole process - certainly ensured that I have a will in place to protect my own daughter.
  • MarconMarcon Forumite
    4K Posts
    1,000 Posts Fourth Anniversary Name Dropper Combo Breaker
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    Marcon said:
    I am dealing with my dad’s estate who died in June last year, dying intestate. I got lawyers involved (the one used to buy my house and previously sell my flat) to obtain executorship and to complete the IHT form.

    Due to the estate being intestate (and in Scotland) I had to get a bond of caution. According to the insurance I need to stay with the same solicitor to distribute the estate.

    I have had a really stressful experience with the solicitor, dealing with an executory assistant I had no dealings with prior. They have made a lot of mistakes, which led to interest on the inheritance tax, and some poor advice. I only got confirmation last week.

    I want to fill in the form and complete the gathering in myself, as I feel confident to do this. My dad’s estate is pretty substantial, with 600k of shares and a 250k house. The two beneficiaries are me and my brother.

    Has anyone any similar experiences or advice? 
    If you do that, you are splitting the responsibility - in other words, giving your solicitor wriggle room which you may not wish to do. You also need to be very careful not to invalidate the bond of caution.

    Have you complained about your concerns and the mistakes you say they have made? If so, what remedial action are they offering? Could you ask for someone else to handle the estate (at no increased cost to you) if that would give you more confidence?
    Thanks for your response, I appreciate it.  They are quite a small firm so not sure there is anyone else that could do it.  I have made my concerns over the work but not really listed the mistakes.  
    I understand regarding the bond of caution too.  It is just so frustrating the whole process - certainly ensured that I have a will in place to protect my own daughter.
    In that case I suspect that gritting your teeth and getting through the whole process is the best idea, and you can then make a formal complaint, with a list of the issues and mistakes which have caused you both concern and (from the sound of it) extra costs.
  • TBagpussTBagpuss Forumite
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    I would make the formal complaint now. BE clear about what the specific issues were, and also what you want them to do to remedy them,.

    For instance, if you are sure that the interest on the tax was as a result of their mistakes, ask that they pay that
    If you want a discount on the costs to reflect the poor service, say that. 
    If you dealt with someone junior who made the errors, and want their supervisor or a more senior person to deal with the mattergoing forward, say that. 
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
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