In 8 months my probate solicitors have done nothing. What can I do? 10 August 2022 at 2:55PM in Deaths, funerals & probate 44 replies 2.5K views

tealarry

Hi,
My grandmother died at the beginning of this year.  Now, 8 months later, the solicitors have still not listed her house for sale.

It is stood empty and I worry that, if left unoccupied over the winter, it will deteriorate.

I have tried to contact the solicitor and been told that the one who was on the case has left and a new person is now responsible; however, I cannot get her to contact me.

Is it normal that 8 months later the property is still not up for sale?

Can probate solicitors take as long as they want?

Pennylane

Solicitors seem to make up the rules as they go along. Sorry. 

I hope someone else is able to offer you more advice than me. 

Flugelhorn

have they got probate yet? can take some time and then they will need to put notices in the gazette to ensure there are no unknown debts, 

TBH solicitors can take ages doing this - were they appointed as executors in the will or have they since been asked to manage the estate?

Keep_pedalling

Are the solicitors the executors named in the will, or did the executor(s) just appoint them to do the work?

tealarry

I'm afraid I don't know the answers to these questions, but now I know what to ask the solicitor if I ever get to speak to her.

I've called twice and both times she was unavailable.  She still hasn't called me back.

GDB2222

tealarry said:

I'm afraid I don't know the answers to these questions, but now I know what to ask the solicitor if I ever get to speak to her.

I've called twice and both times she was unavailable.  She still hasn't called me back.

Have you seen the will?

You probably need to make a formal complaint to the solicitors, as that may stir them into action.

tealarry

GDB2222 said:

Have you seen the will?

I have seen it and already completed and returned the forms I was sent. As have the other beneficiaries.

All I learned from the receptionist is that the original solicitor who was dealing with this has left the company and now another solicitor is in charge.

tealarry

We received the paperwork in February when the solicitor estimated it would take 9 to 12 months to complete the matter. She also promised to inform us of any problems.  Given that was 6 months ago and the house has not even been listed for sale yet I'm not optimistic.

Flugelhorn

I suspect if you are one of several beneficiaries then they won't discuss it with you  - they really only have to discuss anything with a co-executor (if there is one ) or if and executor has been  named in the will  and engaged them to do the work. 

Has probate been granted ? - you can check on the govt website 

SiliconChip

tealarry said:

GDB2222 said:

Have you seen the will?

I have seen it .

As you've seen the Will then you should know who the Executors are, and if it's not the solicitors then the person(s) named as Executor must be the ones who appointed them.

Are you a beneficiary? If you are and the solicitors is the Executor then it's probably acceptable for you to continue to approach them, although you might not have a lot of success in hurrying them up; if someone else is the Executor then you should raise the delay with them as they will be the client of the solicitor; and if you're not a beneficiary then it's unlikely you're in any position to demand anything.

bunnygo

read the will and find out who the executors are. As you are a beneficiary, contact the executors for an update. Probate application should have been submitted a long time ago.

if the solicitors are the only executors, waste no more time. Raise a complaint with the firm on the grounds of 'being ignored'. If you are still ignored the law society does have a further process. I've no time for professionals that get paid to do things and ignore those paying them.