Probate Interim Payment

MartinW6

Hello - thanks in advance for any responses/advice…

So my mother's estate has gone through probate, and my solicitor - Octopus Legal Services - obtained a grant at the beginning of December. Just over two weeks ago, they sent out closure forms to mum's banks.

One of the banks, Saga, has emailed the solicitor re: a bank statement required for closure. That was last week and the solicitor has yet to respond. There have been frustrations in dealing with them; silly mistakes, lack of communication, etc… When I spoke with Saga they sympathised and said I could send a closure form myself - with the money going directly to one of my accounts. However, before I do that I thought I should seek advice!

Firstly, I know exactly who mum's debtors are and the amount owed (a small amount to DWP and a small amount to her previous care home). They are the only debtors aside from the solicitor themselves.

Secondly, mum has other accounts, outside of Saga, that have enough money to cover the debts many, many times.

Thirdly, I'm both the executor and the beneficiary.

Should I proceed with having Saga pay directly to me as an interim payment, or will this cause potential issues? As I said, I'm very satisfied there's no liability and debts can easily be paid via mum's other accounts once they're closed.

MartinW6

Hello - thanks in advance for any responses/advice…

So my mother's estate has gone through probate, and my solicitor - Octopus Legal Services - obtained a grant at the beginning of December. Just over two weeks ago, they sent out closure forms to mum's banks.

One of the banks, Saga, has emailed the solicitor re: a bank statement required for closure. That was last week and the solicitor has yet to respond. There have been frustrations in dealing with them; silly mistakes, lack of communication, etc… When I spoke with Saga they sympathised and said I could send a closure form myself - with the money going directly to one of my accounts. However, before I do that I thought I should seek advice!

Firstly, I know exactly who mum's debtors are and the amount owed (a small amount to DWP and a small amount to her previous care home). They are the only debtors aside from the solicitor themselves.

Secondly, mum has other accounts, outside of Saga, that have enough money to cover the debts many, many times.

Thirdly, I'm both the executor and the beneficiary.

Should I proceed with having Saga pay directly to me - or will this cause potential issues? As I said, I'm very satisfied there's no liability and debts can easily be paid via mum's other accounts once they're closed.

Keep_pedalling

Duplicate thread.

Keep_pedalling

Your mistake was to appoint a solicitor in the first place, especially if you had a firm grip on her finances. if you are named in the probate certificate then I can’t see any reason you can’t collect any of the assets.Just tell the solicitors that you will now be doing this yourself.

MartinW6

I might have them collect from the remaining accounts (I think they managed to close one, which has a small balance).

But yes, I now realise I could have done this myself. I had all the documentation required at the very beginning of the process. I guess it was fear of the unknown.