Executor speed (?)

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  • SBTaxi
    SBTaxi Posts: 15 Forumite
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    Thanks to everyone for the replies. I am aware how qiuckly or slowly these things can be. I lost my Dad, Mum in law and Mum in four years.

    Dad's will was fairly complex (nothing was in joint names, only in his name but everything left to Mum). There were various share accounts, savings accounts and the whole lot took two years to resolve.

    Mum in Law's was fairly straight forwards - cash only. She was in a care home and her own house had been sold previously - this took nine months.

    I'm expecting Mum's to be somewhere between the two. But when you get told, by the executor, firstly:-

    "I need to chase the bank up on that"

    Followed by

    "The bank will be releasing the funds in the next couple of days"

    and lastly

    "I need to give the bank the information"

    in that order, about the same bill, it doesn't inspire confidence in me.

    Yes, I am mostly likely vent off about the system and how slow it can be, and I know that I am not the client, my Mum is / was (and she isn't going to complain). The solicitor / executor therefore, doesn't have any reason to do anything at any other pace other than their own.
  • SBTaxi
    SBTaxi Posts: 15 Forumite
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    edited 17 October 2018 at 1:56PM
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    An update.
    Re-reading this thread, I get the impression that my frustration was against the speed of the whole process, only some of that is true. I am also frustrated with the lack of progress for paying any debts owed such as funeral expenses. Unless they are one and the same, I don't understand how probate asked for with a form erroneously saying that the funeral expenses paid by the estate were £3k when they weren't as £1K is still owed to me.

    It is 6 months since my mum’s funeral and 7 since I notified the solicitor of mum’s death. Weekly (or thereabouts) emails and calls made by me and eldest sister saying things like “Just because bill has been paid, doesn’t mean it can be afforded by us” are still getting responses of “I’ll get onto the bank and get it sent to you” – but no action.
    As it happens (due to a previous inheritance) I can afford it – that is not the point, this would have caused problems for me 20 years ago.

    Would raising this with a more senior person in the practice be worthwhile, or maybe a formal complaint (within the practice) against the solicitor?
    Any advice would be appreciated.
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
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    SBTaxi wrote: »
    An update.
    Re-reading this thread, I get the impression that my frustration was against the speed of the whole process, only some of that is true. I am also frustrated with the lack of progress for paying any debts owed such as funeral expenses. Unless they are one and the same, I don't understand how probate asked for with a form erroneously saying that the funeral expenses paid by the estate were £3k when they weren't as £1K is still owed to me.

    It is 6 months since my mum’s funeral and 7 since I notified the solicitor of mum’s death. Weekly (or thereabouts) emails and calls made by me and eldest sister saying things like “Just because bill has been paid, doesn’t mean it can be afforded by us” are still getting responses of “I’ll get onto the bank and get it sent to you” – but no action.
    As it happens (due to a previous inheritance) I can afford it – that is not the point, this would have caused problems for me 20 years ago.

    Would raising this with a more senior person in the practice be worthwhile, or maybe a formal complaint (within the practice) against the solicitor?
    Any advice would be appreciated.
    Yes! Put it in writing. Not email. Be polite but firm.
  • SBTaxi
    SBTaxi Posts: 15 Forumite
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    Yorkshireman99 wrote: »
    Yes! Put it in writing. Not email. Be polite but firm.
    Might be being a bit thick here, Yorkshireman - do you mean write to him, his boss or complain?

    Thanks
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
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    SBTaxi wrote: »
    Might be being a bit thick here, Yorkshireman - do you mean write to him, his boss or complain?

    Thanks
    Could be any but the firm would be first choice. All solicitors have to have formal complaints procedure.
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
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    Yorkshireman99 wrote: »
    The OP also eds to understand that the executor has to wait a minimum of six months to se that there are now claims from dependent relatives under the Family provisions legislation. Having estblished the estate value and as part of the Probate application HMR& C have to be paid. If HMR&C are satified they will release the will to the Probate Office who will issue the grant of probate. Then the executor will issue the statutory notices in the London Gazette and wait about seven weeks to see if there are any unpaid credtors. Then they can distribute the estate.


    Are you sure? Wouldn't it be more appropriate to issue the notice much earlier, because otherwise, given that order you put things in , they might submit figures of say a million £ estate, pay a whack of IHT then find they owe a creditor £900k and there was no IHT due?!
  • SBTaxi
    SBTaxi Posts: 15 Forumite
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    Thanks Yorkshireman - I'll go straight to the company
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
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    AnotherJoe wrote: »
    Are you sure? Wouldn't it be more appropriate to issue the notice much earlier, because otherwise, given that order you put things in , they might submit figures of say a million £ estate, pay a whack of IHT then find they owe a creditor £900k and there was no IHT due?!
    Yes I am sure. And your suggestion of what the executor might do is absurd.
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
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    edited 18 October 2018 at 9:55AM
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    Yorkshireman99 wrote: »
    Yes I am sure. And your suggestion of what the executor might do is absurd.


    OK I see that is the process, so in a genuine spirit of inquiry about this matter, how does this work with IHT ? Because if you tell HMRC what the estate position is without understanding what creditors there are, will you not potentially get an incorrect assessment of tax from HMRC?
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
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    AnotherJoe wrote: »
    OK I see that is the process, so in a genuine spirit of inquiry about this matter, how does this work with IHT ? Because if you tell HMRC what the estate position is without understanding what creditors there are, will you not potentially get an incorrect assessment of tax from HMRC?
    If, having published the statutory notice(s), more debts are discovered and proved to be valid the executors simply have to notify HMR&C and a refund of any excess IHT will be refunded though it is not a quick process. It does not seem to be a satisfactory sequence but that is what happens.
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