Probate Interim payments in probate

CapeVerdeTIA

The Legal Ombudsman is currently investigating my solicitor.  Having become executor, he has taken two years and still failed to achieve grant of probate (told lies and made errors etc).  Long story, but I intend to sue the solicitor. The are ample fundings in the estate but I won't receive them until probate is granted and assists distributed.  I'm looking for advice about the quickest way to force an interim probate payment to pay the new solicitor. 

Secret2ndAccount

This is Pensions. You want Probate:  https://forums.moneysavingexpert.com/categories/deaths-funerals-probate

To answer your question, there is no way to force an interim payment. They are entirely at the executor's discretion. You will find a solicitor is the slowest way to get a payout as they will almost certainly wait six months to see if any debts come out of the woodwork.
If no-one has obtained probate yet, and you are high up the list of beneficiaries (e.g. it's your parent's will and half of the estate goes to you), you might be able to apply for probate yourself. If successful, that would give you considerable flexibility to make interim payments. We need to know what the will says about executors.

Marcon

CapeVerdeTIA said:

The Legal Ombudsman is currently investigating my solicitor.  Having become executor, he has taken two years and still failed to achieve grant of probate (told lies and made errors etc).  Long story, but I intend to sue the solicitor. The are ample fundings in the estate but I won't receive them until probate is granted and assists distributed.  I'm looking for advice about the quickest way to force an interim probate payment to pay the new solicitor. 

One for discussion with your new solicitor. They'll be able to explain your options and it will also give you a chance to agree with them when payment of their fees will become due.