Taking too long!

Littleblackdog47

Hi there! My mother died back in 2020 and probate was only granted in March 2022. I understand that covid caused delays but it's now been 6 months since probate was granted and seems a long time. Do I as a beneficiary have any rights with regards how long it's taking the administrator of the estate to conclude everything? Thanks in advance

Brie

Why was there a delay?  It's unlikely it was simply the administrator that was to blame. 

I've a friend who has waited several years for complicated probate to be finalised as it was being insisted on by a bank only to then be told it wasn't needed.  

Pennylane

the Executor will be drawing up estate accounts and may have to advertise in the London Gazette. Could take another year before you receive your inheritance.    Why did it take so long?  Was there a caveat placed on the application?

Marcon

Littleblackdog47 said:

Hi there! My mother died back in 2020 and probate was only granted in March 2022. I understand that covid caused delays but it's now been 6 months since probate was granted and seems a long time. Do I as a beneficiary have any rights with regards how long it's taking the administrator of the estate to conclude everything? Thanks in advance

Not unless the delay becomes excessive - and 'excessive' varies according to a whole range of factors. Six months must feel like ages when you waiting hopefully for your inheritance to arrive, but it's far from unusual. A year is perfectly common, especially if the estate is complicated/the administrators need to advertise for beneficiaries/a property needs to be sold before proceeds can be divided. They have to take their time, because if they 'get it wrong' they can be personally liable.

Have you contacted the administrator to ask if they are able to give you any idea of when your inheritance will be available?

msb1234

Who is the administrator? Also, if probate has been granted, you can see the will online now if you've not already been shown it.

Choirgrl

 Most Executors (especially professional ones) won’t make a distribution to beneficiaries until at least six months after probate is granted. This is because there is a six month window for someone to bring a claim under the Inheritance (Provision for Family and Dependents) Act. If the Executor distributes the Estate and then someone brings a claim, the Executor could be personally liable.

Now that six months is up for your mother’s Estate, the Executor might be in a position to distribute the legacies, or there may still be administration to do. You could contact them and ask them what the status is and what they expect the timeline to be for concluding administration. You can also ask them if they could make an interim distribution.

macman

As above. What form do the assets take? Property, savings, investments? There is no reason why an initial distribution cannot be made of cash assets, such as savings, relatively soon.
When was probate actually applied for-how many months after death?

Littleblackdog47

Many thanks for your replies! My sister is executor but has appointed my brother in law as administrator. Myself and my own brother live abroad (me in USA and him in Japan) the legacy is mainly one property which my sister has decided to keep and rent but my brother and I wanted our 3rd of the property in cash as soon as possible. My mother was also in a nursing home and my brother in law is disputing the total costs of that care with the local council. Just a few things that aren't adding up so wondered whether I could contact the solicitor who handled my mothers will direct if I do not receive the answers required from my brother in law? Thanks. 

p00hsticks

Littleblackdog47 said:

Just a few things that aren't adding up so wondered whether I could contact the solicitor who handled my mothers will direct if I do not receive the answers required from my brother in law? Thanks. 

It sounds like this solicitor's only involvement was to draw up the will ? In which case I can't see how they'd be much help to you as they presumably won't have had any sight of the estate dealings since then.  
I don't understand what you mean by saying that 'my sister is executor but has appointed my brother in law as administrator' ? 
Is your brother-in-law a solicitor or similar and acting in a professional capacity just to help your sister ? 
Who is named on the probate ?
Has your sister / brother-in-law got a RICS valuation on the property that all three of you can accept so that you are clear what your sister needs to pay you for your third of the property ? I'd suggest that you need this to get an independent valuation that you can all abide by - especially as two of you are abroad and so presumably not that au fait with the current house prices here.  
In your shoes, assuming that there are no charges (mortgage etc) outstanding on the property I'd be pushing for your sister to be either going ahead with purchasing your shares of the property straight away (if that's what she wants) or getting it onto the open market to be sold pronto. Do you know if there are already tenants in the property ? 

The rest of the estate, whether cash or debts can be sorted out separately and split between the three of you separately. 

Pennylane

Littleblackdog47 said:

Many thanks for your replies! My sister is executor but has appointed my brother in law as administrator. Myself and my own brother live abroad (me in USA and him in Japan) the legacy is mainly one property which my sister has decided to keep and rent but my brother and I wanted our 3rd of the property in cash as soon as possible. My mother was also in a nursing home and my brother in law is disputing the total costs of that care with the local council. Just a few things that aren't adding up so wondered whether I could contact the solicitor who handled my mothers will direct if I do not receive the answers required from my brother in law? Thanks. 

I don’t think the solicitor will discuss anything with you as you are not his client.

The nursing home fees are most likely correct.  Your Mum was probably paying around £1300 a week. People don’t realise how expensive it is.  You say she owns her house so the council would not have been involved as she would have been funding her care herself.  

Silvertabby

Pennylane said:

Littleblackdog47 said:

Many thanks for your replies! My sister is executor but has appointed my brother in law as administrator. Myself and my own brother live abroad (me in USA and him in Japan) the legacy is mainly one property which my sister has decided to keep and rent but my brother and I wanted our 3rd of the property in cash as soon as possible. My mother was also in a nursing home and my brother in law is disputing the total costs of that care with the local council. Just a few things that aren't adding up so wondered whether I could contact the solicitor who handled my mothers will direct if I do not receive the answers required from my brother in law? Thanks. 

I don’t think the solicitor will discuss anything with you as you are not his client.

The nursing home fees are most likely correct.  Your Mum was probably paying around £1300 a week. People don’t realise how expensive it is.  You say she owns her house so the council would not have been involved as she would have been funding her care herself.  

If there were/are no cash assets, then it is possible that the nursing homes fees were deferred pending the sale of the house.

When a friend's m-i-l moved to a nursing home her only asset was her house.  The council paid her full fees on the basis that they would be reimbused from the house sale.