How long does it take for an Inheritance with many beneficiaries (and no will) to be sorted?

2

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  • chompie
    chompie Posts: 2,409 Forumite
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    AnotherJoe wrote: »
    I know someone whose relative died without a will (it was thought there was one but no one could find it) there were two houses and numerous bank accounts and investments. Two years in it's still nowhere near settled, because if the time taken to investigate exactly what assets were held which could only be done by digging through years of paperwork and bank statements.
    The eventual bill from solicitors will be astronomic.

    I thought there was a maximum %age they could take from the estate?
    Where the !!!! has the Shrug gone! :confused: just doesn't cut it... :huh::think::huh: and these don't come close
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
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    chompie wrote: »
    I thought there was a maximum %age they could take from the estate?


    No idea if there's a limit but I know its been complex enough the solicitors has someone working on it part time ! Imagine 50 years of papers in a large rambling house that need to be pored through looking for clues to shares and investments.

    And its a big estate (2 large houses both in London one of which is big enough to be subdivided into offices and flats and there is complexity about freeholds and leaseholds) so it will be able to support an astronomic bill, but I dont know if theres a cut off point or what a solicitor would do if they reached that and ,say, hadnt tracked down all the investments yet.
  • Malthusian
    Malthusian Posts: 10,936 Forumite
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    chompie wrote: »
    I thought there was a maximum %age they could take from the estate?

    How would that work? If a solicitor is working on a complex estate on a time-cost basis and hits the maximum percentage, for legitimately incurred costs, would they have to drop everything and dump an exceptionally complex estate in the laps of amateur beneficiaries? They couldn't give it to another solicitor, because then the beneficiaries would still be paying more than the maximum percentage, with an even higher excess because of the costs of a new solicitor reinventing the wheel. And you can't force anyone to work for free.

    There is no maximum percentage set in law. If a solicitor conned someone into agreeing a manifestly unreasonable amount like 90% of the estate I imagine the courts would reverse it if it was challenged, but there is no legal maximum. In the famous fictional case of Jarndyce and Jarndyce (spoiler alert), the solicitors take 100% of the estate, perfectly legally, and I believe Dickens was inspired by real cases.
  • Malthusian wrote: »
    How would that work? If a solicitor is working on a complex estate on a time-cost basis and hits the maximum percentage, for legitimately incurred costs, would they have to drop everything and dump an exceptionally complex estate in the laps of amateur beneficiaries? They couldn't give it to another solicitor, because then the beneficiaries would still be paying more than the maximum percentage, with an even higher excess because of the costs of a new solicitor reinventing the wheel. And you can't force anyone to work for free.

    There is no maximum percentage set in law. If a solicitor conned someone into agreeing a manifestly unreasonable amount like 90% of the estate I imagine the courts would reverse it if it was challenged, but there is no legal maximum. In the famous fictional case of Jarndyce and Jarndyce (spoiler alert), the solicitors take 100% of the estate, perfectly legally, and I believe Dickens was inspired by real cases.
    A complaint about the fees can always be made. They are then assessed formally by an officer pf the court. This process is known as “taxing”. They taxing process is not usually generous to the solicitor.
  • chompie
    chompie Posts: 2,409 Forumite
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    Almost a year later and this is still going on.

    Four months ago they were told it was "all but done" and they would be receiving payments in the next 3 months.

    Since then any contact has been met with irritation and no further info...

    Anyway to make a complaint (some ombudsmen or another) if this is not being dealt with properly?

    Some in the family think this maybe a way of them getting interest on the estate, i don't know whether that is a thing or not, but seems unlikely they would drag it out for a bit of interest, or am i being naive?
    Where the !!!! has the Shrug gone! :confused: just doesn't cut it... :huh::think::huh: and these don't come close
  • chompie wrote: »
    Almost a year later and this is still going on.

    Four months ago they were told it was "all but done" and they would be receiving payments in the next 3 months.

    Since then any contact has been met with irritation and no further info...

    Anyway to make a complaint (some ombudsmen or another) if this is not being dealt with properly?

    Some in the family think this maybe a way of them getting interest on the estate, i don't know whether that is a thing or not, but seems unlikely they would drag it out for a bit of interest, or am i being naive?

    Any interest earned on the assets is distributed to the beneficiaries although the cash will be sitting in a client account which don't usually earn any, so no you are not being naive.
  • Robin9
    Robin9 Posts: 12,098 Forumite
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    Be patient and don't count your chickens until they are hatched.

    Even though property may be sold the solicitor may be waiting for final utility bills
    Never pay on an estimated bill
  • chompie
    chompie Posts: 2,409 Forumite
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    Robin9 wrote: »
    Be patient and don't count your chickens until they are hatched.

    Even though property may be sold the solicitor may be waiting for final utility bills

    I would have thought 2+ years after death (and almost a year after property sold) final utility bills would all have been received/sorted by now?
    Where the !!!! has the Shrug gone! :confused: just doesn't cut it... :huh::think::huh: and these don't come close
  • My siblings and I inherited from a distant relative who had not made a will. It was complex as there were lots of beneficiaries to be traced and two properties that needed to be sold. It all took over 3 years.
    somewhere between Heaven and Woolworth's
  • Fire_Fox
    Fire_Fox Posts: 26,026 Forumite
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    edited 23 September 2019 at 3:58AM
    chompie wrote: »
    Almost a year later and this is still going on.

    Four months ago they were told it was "all but done" and they would be receiving payments in the next 3 months.

    Since then any contact has been met with irritation and no further info...

    Anyway to make a complaint (some ombudsmen or another) if this is not being dealt with properly?

    Some in the family think this maybe a way of them getting interest on the estate, i don't know whether that is a thing or not, but seems unlikely they would drag it out for a bit of interest, or am i being naive?

    Who is contacting who and how often? What method of communication? Who said it was all but done and is now getting irritated?

    Key tasks of an executor or administrator includes identifying all creditors, settling all debts, getting proof of that and producing detailed accounts. Selling a property can be nowhere near the 'finishing post' in winding up a messy estate.

    With seventeen beneficiaries it would be best to maintain the single point of contact/ liaison. They then copy any noteworthy e-mails from the solicitor to everyone. E-mail because it is (should be) quick, easy and clear. The more work the solicitor has to do fielding queries from different branches of the family the less money will remain to be divided up.

    The solicitor should not be discussing cases with 'just anyone', so should be checking their files every single time somebody wants an update. The family would (quite rightly) be up in arms if a nosy neighbour/ thieving toe-rag relative/ disgruntled ex 'phoned the office and had it confirmed that Chompie's Aunt Flo or Chompie's Cousin Bill are waiting on a payout. :eek:

    Hopefully all this waiting has encouraged the beneficiaries and their families to make or update their own wills, and generally streamline or 'tidy up' their own finances! :p
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
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