2 probate claims same deceased 16 June 2022 at 2:32PM in Deaths, funerals & probate 13 replies 991 views

Alemluja2711

Seeking advice.
My father died in 2003 but we were not in contact so his estate went to probate.
 I was contacted by a probate company and my brother by another. We were not aware of this.
We both signed separate contracts with different probate firms.
Only when one of the firms paid out on the estate did this come to light.
The probate company who did not complete the process are now demanding their expenses and share of the estate.
Can anyone advise where we stand on this legally as we are being threatened with the small claims court.
Any advice appreciated 

msb1234

We’re you cold called about probate?

msb1234

Also, do you mean he died without a will? 

Grumpelstiltskin

Also 2003? Surely debt was statute barred after 6 years ( 5 Scotland0) ?

molerat

Read the contract you signed.  They may be due a share even though did not complete the work, how much are they asking for ?

Keep_pedalling

Grumpelstiltskin said:

Also 2003? Surely debt was statute barred after 6 years ( 5 Scotland0) ?

The OPs father may have died in 2003, but the OP has not said when probate was completed. 

It is quite likely that one brother owes one company against their share of the estate and the other sibling the other company.

Alemluja2711

The problem is one firm completed the process and paid out to all of us. The other firm was slower so the estate had already paid out.
The company who did not get paid out now want their share and expenses

Keep_pedalling

Alemluja2711 said:

The problem is one firm completed the process and paid out to all of us. The other firm was slower so the estate had already paid out.
The company who did not get paid out now want their share and expenses

So either you or your sibling have paid the company you did not sign up too, is that correct?

When did you sign up and when was probate obtained?

Alemluja2711

No my brother signed up to one company and I signed to another. The company that completed the process and paid out were paid from the proceeds. The other company now wants paying even though they did not  complete the process?
This does not seem correct but currently seeking some legal advice.

DE_612183

How much do they want?

Sounds like you got two separate companies to carry out the same work - but you only want to pay the one that completed?

If you have a contract with a company, then you have to abide by their terms - if they have a clause that says - "even if we don't complete the process you still need to pay us our expenses" then you have to do that.

Flugelhorn

Were you in contact with your brother? can't understand why 2 companies would be applying for probate - only one person can do this (though presume it was actually letters of administration otherwise you would have been named in the will as an executor)