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8 years to finalise...

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Comments

  • MiniSwole99
    MiniSwole99 Posts: 7 Forumite
    First Post
    Ok, I have an update....After receiving a very vague letter only stating some parts to where the expenses have been covered, but not all, I have asked one final time for better detailed estate accounts asking for my uncle to provide a breakdown of all the expenses that he and my mum are claiming, they have returned with a letter stating they no longer wish to deal with me directly but will deal with a solicitor of my choice and calling me a vexatious litigant. He has put my money with a solicitors account (hopefully safeguarded from any further reductions of his causation) so either way i now need to pay to get my money. All because he doesnt want to explain his expenses in more detail (which I have been told by a probate solicitor, I am perfectcly entitled to know) and of which somewhere in there he must be hiding something and doesnt want me to know. 
    Am I right in thinking if I have to use a solicitor to communicate, he cant actually speak directly to my solicitor but has to use his own to communicate? (Eg - me to my solicitor, my solicitor to his solicitor, his solicitor to him?) otherwise im paying for something that he is getting away with not paying for and that in itself isnt fair...he has also said he is concluding his executorship now my money is with a solicitor...can he do that when there are still funds to distribute and a set of accounts to be detailed?

    Please any forward advice would be greatly received
    Thanks
  • Keep_pedalling
    Keep_pedalling Posts: 21,091 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    I would strongly suggest you need a solicitor. You don’t just need to get the money he has lodged with his solicitor you need to go after him for what are clearly highly inflated expenses and loss of income for the incompidrnt handling of the estate and excessive delays in winding it up.
  • RAS
    RAS Posts: 35,778 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    As a starting point, I assume you have a copy of the will and grant of probate, so you know who the other beneficiaries are and the value of the estate when probate was granted? 

    Did any of the beneficiaries receive specific bequests? How many other residual beneficiaries? Do they receive the same portions?
    If you've have not made a mistake, you've made nothing
  • doodling
    doodling Posts: 1,282 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    Hi,

    You can't be forced to employ a solicitor so any demand of that nature can be ignored.

    The executors can employ their own solicitor and if they do it would be reasonable for them to ask that you deal with that solicitor rather than with them directly.

    If the executors say that you need to contact their solicitor to receive your inheritance then just do that - you don't need a solicitor of your own and there is no reason why that sum shouldn't be paid to you (even if it is less than you believe you are entitled to).  Of course, you shouldn't need to sign anything to receive that money although it would be reasonable to to sign a plain receipt saying that you have got it (but not anything which says more than that).

    Having said the above, it is starting to reach the point where I would recommend that you employ your own solicitor to deal with this.
  • MiniSwole99
    MiniSwole99 Posts: 7 Forumite
    First Post
    Thank you to the 3 replies above.

    There are no legacies only residues, 9 in total, 80% split between each child of deceased, (40% each), then 20% split between the grand and great-grandchildren so 10% per branch/family. However there are 5 total on my side (3 grand 2 great-grandchildren) and 2 on my uncles side (his children). So I am only entitled to a 2% share. 
    Knowing my grandparents that would not seem fair to them and it should have been 20% split between the 7 of us. Could have been 8 as I now have a new addition to my family and where in the will a clause grants power to add any further entitled party at executors discretion. (It would have definitely make the numbers easier for him to work out then but that was not considered).
  • MiniSwole99
    MiniSwole99 Posts: 7 Forumite
    First Post
    I will have a conversation with his solicitor to see where i go from this point whether they want to deal with me or a solicitor.
  • RAS
    RAS Posts: 35,778 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Thank you to the 3 replies above.

    There are no legacies only residues, 9 in total, 80% split between each child of deceased, (40% each), then 20% split between the grand and great-grandchildren so 10% per branch/family. However there are 5 total on my side (3 grand 2 great-grandchildren) and 2 on my uncles side (his children). So I am only entitled to a 2% share. 
    Knowing my grandparents that would not seem fair to them and it should have been 20% split between the 7 of us. Could have been 8 as I now have a new addition to my family and where in the will a clause grants power to add any further entitled party at executors discretion. (It would have definitely make the numbers easier for him to work out then but that was not considered).
    The split of inheritance by branch is pretty standard, any deviance from that would need to be made explicit in the will.
    If you've have not made a mistake, you've made nothing
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