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Can I do anything about this situation? At wits end
Hello, first post on here but really need some advice as I am beyond exasperated about this situation. This will be a long read….
I was left a 25% share of an estate. There is no family involved, so all beneficiaries are friends of the deceased.
The deceased passed away in May 2022, and the estate is still not settled. It was complicated by the fact they were domiciled in Germany, and named a German solicitor as executor. The intention was to ensure it was dealt with swiftly….
The vast majority of assets are held in the UK. A uk solicitor has been contracted by the german executor to deal with all UK aspects - however from the outside looking in it seems like nobody is actually doing anything for months on end.
German probate was dealt with quickly, to be fair, and the executor deal with repatriation and burial and funeral arrangements, which was difficult and required some help from one of the other beneficiaries (who thought they were to be exceutor, but thats another story). Altough as seems to be the theme here, could have been dealt with quicker were in not for inaction for long periods of time.
UK Probate was finally granted in May 2025, they solicitors blamed the court for the delay due wanting translations notarised and other legal stuff due to cross border, but again due to snail pace working of the solicitors I suspect this could have been expedited. I expected to be settled within 6 months as there had been 3 years to find all assets, and indeed the executor had provided an estate inventory at this time, though there was still a debate over premium bonds which we were sure existed but could not be located.
In October 2025 a premium bond prize was paid to the deceased, so low and behold the premium bonds were found, conveniently just before the 6 months were passed. They failed to show in an assest search conducted sometime in 2023. It seems that the solicitors then sat on these and did nothing until February 2026, when the executor advised the beneficiaries they had been found and were now in the process of collecting thethem from NS&I. The executor estimated the estate would be finalised within 2-3 months pending a small HMRC issue. The executor sent a copy of the NS&I letter dated and stamped by the Scottish solicitor in October 2025, hence knowing they did nothing with them for 3 months.
Then the NS&I issue appeared in March - i informed the executor, the scottish solicitor confimed that it had some impact on the delay but was not the main reason. I assume as the premium bonds were not found in 2023 this falls into the remediation scheme? Nobody has answered me on that despite asking several times. They were located under the deceaseds German address, previous searches advised he had cashed out premium bonds years previous, when still living in the UK.
Since then, silence for months. All communications sent to the executor ignored, until they eventully responded in July to say they would contact the scottish firm to ask for an update - only to be told the solicitor dealing with the firm had left the company. The next update was 4 weeks later in August 2026, when copied on an email showing the HMRC inventory change form had only just been completed…. they knew of the extra funds in October 2025!! So 10 months to fill out a form that takes 5 minutes.
Since then, silence again. I understand that it should take up to 8 weeks to have the HMRC inventory approved, and the probate updated? The estate value is ~100k so theres no IT due. Its a small estate in the grand scheme of things but this continual delay and left in limbo has been really impacting my financial situation and causing unrequired stress (due decisions taken around repaying existing debts, not frivilous spending, as expecting a reasonable lump of cash - appreciate this was my decision and my fault, but was taken due to working to previous timelines advised by the german solicitor / executor - this is the 3rd time he has put an estimate on payout, and this one seemend definitive)
As beneficiaries is there anything we can do in this situation? I expect the fees taken by the 2 solicitor firms to be exorbitant given the length of time, probably over £20k by now.
None of the other beneficiaries are really that bothered as they are all retired pensioners, so it's not really had much impact on them. I understand the executor probably isn't responding as they don't want to cost the estate more money, and that the UK solicitor has no obligation to talk to me, but when does it become unreasonable, and can I do anything to have this situation resolved ASAP? And can I do anything about the fee's, given what seems to me to be complete and utter negligence will have inflated them?
Thank for any responses.
Comments
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You are entitled to a proper update, but the Scottish process may be more than an HMRC “five-minute form”. Omitted assets can require a corrective inventory and an additional confirmation. The German executor, not the Scottish solicitor, is the person to press. Request, in writing, dates of every submission, remaining actions, realistic completion date and an itemised costs estimate. If unsatisfactory, ask the executor to complain formally and obtain advice.
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Thanks for the response.
Yes I have perhaps over simplified the process of submitting an estate inventory amendment to HMRC - but that surely should not take 10 months to complete, and submit when its only one additional item?
I said later in the post I think 8 weeks is a reasonable estimate for HMRC and the court to deal wtih that and issue the revised confirmation, so was not meaning the entire process was a "5 minute form"
I have made several requests to the executor like you have suggested and been totally blanked.
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You indicate the deceased was German domiciled but majority of assets in UK ( Scotland).
However when you use the term domicile do you mean they were originally UK born but eventually moved to Germany where they died, or were they a German national previously living in UK and moved back to Germany?
Although the estate was small at around £100k, Germany has a death duties regime that impose duties on the beneficiaries of deceased Germany nationals with World wide assets. The exemptions for inheriting friends is only €20k each with the excess taxed at rates upwards of 30% -
Therefore have you been assured by the German executor that there is no beneficary level death duties in point, and that the newly discovered NSI has not led to a recalculation in this respect?
As for how the UK side has been handled, there is only a small pool of legal professionals with meaningful cross border estate administration experience, with most of that concentrated in the higher level (expensive) private client firms manned by STEP qualified professionals. Where lower echelon smaller firms take on this work they may effectively 'learn' as they go at the expense of the estate.
It is most unhelpful that the UK solicitor previously handling the matter has left, since there may have been little or no handover to a successor who may need to get up to speed from scratch.
You may have no option but to press the German executor to get an update and summary of progress from the UK firm since the executor is the 'client' paying the bill, but as you surmise fees continue to clock up on both sides eating away at the modest estate.
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I mean a UK national who moved their life to Germany, and had their later years career and retirement there. They were in the process of returning to the UK in late 2019 / early 2020 but that was then paused due world events. Their health detereriorated and it sadly never happened. They were a german tax resident although held most of their assets in UK banks. Maybe 10% of the estate is held in Germany.
It was previously confirmed there was no tax due in Germany. From what has previously been indicated the new NSI share likely wont push us over €20k each, but if it does it will be a minimal. The tax is only due on the value over €20k? The executor did not mention needing to revisit that, so no idea if its required or if the assets in UK are exempt.
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