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  • FIRST POST
    • BillyCostigan
    • By BillyCostigan 8th Nov 19, 2:53 PM
    • 5Posts
    • 0Thanks
    BillyCostigan
    Unnecessary delay by Solicitor/bank???
    • #1
    • 8th Nov 19, 2:53 PM
    Unnecessary delay by Solicitor/bank??? 8th Nov 19 at 2:53 PM
    Hi,

    Like many on here, my family has experienced a long delay with my mothers`probate due to the new computer system that has been introduced.

    On Friday 20th September, my brother (who is POA) received a letter from the family solicitor stating that they had received the Grant of Probate from the Probate Registry. Enclosed was the "request to close accounts form", which he duly signed and posted the next day 1st class. As the solicitor is in the same town, at the very latest he would have received this on Wednesday 25th September.

    I`ll state at this point that there was only one account for probate, which was in the local Nat West Bank.

    As of Wednesday 7th November, we have heard nothing from the Solicitor. My brother phoned him and he was very apologetic and stated that he was waiting for the bank and the delay was just another part of the back log due to the initial delay at the Probate Office.

    Both the Solicitor and bank are in a small town of a population of 30,000, with the bank more or less in the next street to the Solicitors. Personally, I don`t see the bank being swamped with probate requests so I see this delay as being totally unnecessary. As a family, we have agreed that we don`t want to keep ringing the solicitor.

    I am hoping to find out if this is a common issue or if someone isn`t doing their job properly. Thanks in advance.
Page 1
    • xylophone
    • By xylophone 8th Nov 19, 3:43 PM
    • 31,625 Posts
    • 19,610 Thanks
    xylophone
    • #2
    • 8th Nov 19, 3:43 PM
    • #2
    • 8th Nov 19, 3:43 PM
    my brother (who is POA)
    PoA died with your mother. Do you mean that your brother was the executor and asked a solicitor to deal with the probate application?

    Or was the solicitor the executor?

    A relative was PoA for his relative and also named as sole executor in her will.

    He obtained probate and then advised the financial institutions holding accounts for the deceased, requesting transfer of funds into the executor's account.

    This was usually dealt with within a few days although one institution took a couple of weeks.

    I fail to understand close on six weeks' delay - your brother had better check again with the solicitor.
    • Keep pedalling
    • By Keep pedalling 8th Nov 19, 3:58 PM
    • 7,122 Posts
    • 8,355 Thanks
    Keep pedalling
    • #3
    • 8th Nov 19, 3:58 PM
    • #3
    • 8th Nov 19, 3:58 PM
    Why on Earth were you using solicitors to handle what sounds like the simplest of estates?
    • BillyCostigan
    • By BillyCostigan 8th Nov 19, 5:16 PM
    • 5 Posts
    • 0 Thanks
    BillyCostigan
    • #4
    • 8th Nov 19, 5:16 PM
    • #4
    • 8th Nov 19, 5:16 PM
    Why on Earth were you using solicitors to handle what sounds like the simplest of estates?
    Originally posted by Keep pedalling
    Because my father, who is still alive, wanted it done through the family solicitor.
    • BillyCostigan
    • By BillyCostigan 8th Nov 19, 5:29 PM
    • 5 Posts
    • 0 Thanks
    BillyCostigan
    • #5
    • 8th Nov 19, 5:29 PM
    • #5
    • 8th Nov 19, 5:29 PM
    PoA died with your mother. Do you mean that your brother was the executor and asked a solicitor to deal with the probate application?

    Or was the solicitor the executor?

    A relative was PoA for his relative and also named as sole executor in her will.

    He obtained probate and then advised the financial institutions holding accounts for the deceased, requesting transfer of funds into the executor's account.

    This was usually dealt with within a few days although one institution took a couple of weeks.

    I fail to understand close on six weeks' delay - your brother had better check again with the solicitor.
    Originally posted by xylophone
    My brother was made Attorney of my parents affairs before my mother died. He is now in charge of my fathers affairs. Myself and another are executors of the wills.

    As I explained, it was my fathers` decision to appoint the family solicitor to deal with my mothers` estate, which consists of one six figure ISA, which is well below the Inheritance tax threshold. Once we receive the money from the solicitor minus deductions (solicitors fess and payments to grand kids), the money will be re-invested into one of my father`s accounts.

    Since receiving the letter, the delay has actually been 7 weeks and counting. All the Solicitor will say is that he is waiting for the bank. As I have said, I think the delay is, frankly, taking the p***.
    • xylophone
    • By xylophone 8th Nov 19, 5:53 PM
    • 31,625 Posts
    • 19,610 Thanks
    xylophone
    • #6
    • 8th Nov 19, 5:53 PM
    • #6
    • 8th Nov 19, 5:53 PM
    Myself and another are executors of the wills.
    But if you and another are executors of your mother's will, it was up to you to deal - your father might have had a view but you did not have to concur.

    I assume that you are not saying that you and the other person renounced in favour of the solicitor?

    And if your mother's assets consisted solely of cash in an ISA, it seems an unnecessary expense to have employed a solicitor to deal with matters.

    Are you aware of the APS for your father in respect of the ISA?

    See

    https://www.skipton.co.uk/savings/savings-hub/additional-permitted-subscriptions[
    • BillyCostigan
    • By BillyCostigan 8th Nov 19, 9:15 PM
    • 5 Posts
    • 0 Thanks
    BillyCostigan
    • #7
    • 8th Nov 19, 9:15 PM
    • #7
    • 8th Nov 19, 9:15 PM
    But if you and another are executors of your mother's will, it was up to you to deal - your father might have had a view but you did not have to concur.

    I assume that you are not saying that you and the other person renounced in favour of the solicitor?

    And if your mother's assets consisted solely of cash in an ISA, it seems an unnecessary expense to have employed a solicitor to deal with matters.

    Are you aware of the APS for your father in respect of the ISA?

    See
    Originally posted by xylophone
    I think you`ve given your answer in your previous answer.

    Clearly 7 weeks (8 weeks on Wednesday) is way too long.

    Thank you
    • -taff
    • By -taff 9th Nov 19, 10:28 AM
    • 10,624 Posts
    • 15,345 Thanks
    -taff
    • #8
    • 9th Nov 19, 10:28 AM
    • #8
    • 9th Nov 19, 10:28 AM
    Find out the CEO email address of the bank in question and make a complaint directly to them.
    I did it with Nationwide when my mother died. The solicitor was waiting or them, my father was waiting for them, they 'lost' two death certificates, it was 8 months before I did that and it was all sorted two days after I e-mailed.
    • BillyCostigan
    • By BillyCostigan 10th Nov 19, 12:42 AM
    • 5 Posts
    • 0 Thanks
    BillyCostigan
    • #9
    • 10th Nov 19, 12:42 AM
    • #9
    • 10th Nov 19, 12:42 AM
    Find out the CEO email address of the bank in question and make a complaint directly to them.
    I did it with Nationwide when my mother died. The solicitor was waiting or them, my father was waiting for them, they 'lost' two death certificates, it was 8 months before I did that and it was all sorted two days after I e-mailed.
    Originally posted by -taff
    Many Thanks. This has crossed my mind and my brother has been a little soft in respect to the solicitor, whose communication during the whole process has been abysmal. Personally I`m trying to toe the party line at the moment . As I said, it will be 8 weeks on Wednesday and I have spoken to the father of an old scholl friend who is also a retired solicitor from the same town, who has stated that this should have been done and dusted in a matter of days from when the letter was returned.
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