Solicitors sat on my inheritance!

Grumpy_chap

Patchett73 said:

My mother past away in March 2020, probate was granted 2nd September 2020 and her property was sold end of October 2020, so almost a year ago! Someone else is  now happily living there. Notice was put in the gazette and the deadline was 28th October 2020 and myself and my sister are beneficiaries as there was a will, the solicitors are executors  but they are still stitting on out money!! We have had little interim payments but that was like getting blood out is stone. We keep chasing the solicitors up as to why it’s taking so long and it seems one excuse after another. We know they have all the accounts back last one was the post office account and post office have confirmed that the have sent monies across and that account is now closed. After all of mother’s care home fees and other bills were paid that should be 102k left. Citizens advice said we should complain but my sister thinks that will slow the process down even further. Having this money would really help me out as I’m in financial hardship myself. So upset and frustrated now and really had enough .. 

Condolences on your loss and I feel your frustration at the delay in the funds being released.

Do any of the reasons (excuses) given by the Solicitors have any credibility?  

I note the property sale in October 2020.  Is it possible that the Solicitor is holding the funds until land registry process has completed (which is currently taking "forever")?  Even if not that, could there be something similar that is genuinely outside the Solicitor's control?  All the while there are such matters, they will be holding the funds as the final fee due to the Solicitor will not have been closed.

tooldle

thegreenone said:

tooldle said:

I was executor for my dad’s estate. Quite a simple estate consisting of a house and a variety of savings accounts. It took me a little over a year to complete the work. Some business were slower than others to process and release monies. In the grand scheme of things your situation doesn’t seem overly slow, but i would definitely ask how things stand.

My Mum died on 1st November 2020.  My husband and I were executors but asked her Solicitors to obtain Probate.  I did the leg work and they did the paperwork.  Probate was granted on 6th May 2021.  We're about to exchange and complete on the property.  So a little under a year.  

But the OP's situation is over 18 months.  Death in March 2020 and property sold in October 2020.  It's unbelievably and unacceptably slow.

The reason i posted was to give an example of how long things can take. I would have been finished a lot sooner, were it not for one very slow institution. There is no set timescales, it takes as long as it takes. 

Manxman_in_exile

Mojisola said:

Patchett73 said:

My mother past away in March 2020, probate was granted 2nd September 2020 and her property was sold end of October 2020, so almost a year ago!

When you signed up with the solicitor, you should have had details of how to complain if you're not happy with the service.

I'm curious.  Can a beneficiary complain about a firm of solicitors who were appointed as executors by the testator?  I'm probably mistaken, but I thought you had to be a client of a solicitor to complain about them?  Otherwise you'd hear a lot more about people complaining about solicitors on the opposing side, wouldn't you... ?

(And if they aren't clients they wouldn't have "signed up" and be aware of the complaints procedure?)

Mojisola

Manxman_in_exile said:

I'm curious.  Can a beneficiary complain about a firm of solicitors who were appointed as executors by the testator?  I'm probably mistaken, but I thought you had to be a client of a solicitor to complain about them?  Otherwise you'd hear a lot more about people complaining about solicitors on the opposing side, wouldn't you... ?

(And if they aren't clients they wouldn't have "signed up" and be aware of the complaints procedure?)

You're right - the OP didn't employ the solicitor to do the work, they were appointed by the testator.

(Should double-check all the details before posting. )

Patchett73

Can the solicitors earn themselves interest? 

Keep_pedalling

Patchett73 said:

Can the solicitors earn themselves interest? 

No, clients money has to be held in a client account, and those sort of accounts don’t pay interest.

RetSol

I'm curious.  Can a beneficiary complain about a firm of solicitors who were appointed as executors by the testator? 

Yes.  The Legal Services Ombudsman's website states that the beneficiaries of an estate can bring a complaint against a solicitor about its administration.

Makes sense as, in these circumstances, the testator is, ipso facto, unable to make a complaint! 

Patchett73

Update: sent an email but no reply 😢

Thrugelmir

Patchett73 said:

Update: sent an email but no reply 😢

Solicitors aren't the sort of people to be sitting at their desks waiting for work to arrive. Normally extremely busy with court appearances/client meetings etc to schedule into their work days. 

Skiddaw1

Yes, but the delays and lack of communication in the OPs case is extreme.