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  • FIRST POST
    • chompie
    • By chompie 13th Oct 18, 2:42 PM
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    chompie
    How long does it take for an Inheritance with many beneficiaries (and no will) to be sorted?
    • #1
    • 13th Oct 18, 2:42 PM
    How long does it take for an Inheritance with many beneficiaries (and no will) to be sorted? 13th Oct 18 at 2:42 PM
    Ok, so my mum (and her siblings) received word that there was no will left by their uncle and was asked to give their details to a probate/inheritance (not sure) law firm.

    There was a property involved and they worked out with nieces and nephews it probably worked out at about 17 beneficiaries.

    He died about a year ago, the family members were contacted about the will (or lack thereof) about 7 months ago.

    They found out the property had been sold about 2 months ago, but have yet to receive any word.

    What's the usual time frame on these things? and would they even inform the potential beneficiaries if a will had turned up or a son/daughter (and does a son or daughter emerging make a difference?)

    Also would they receive any documentation from the lawyers as they have received no correspondence (don't even know who the lawyers are to contact and ask them)

    Their details were requested by a cousin who informed them of the inheritance, they do not wish to contact the cousin and appear like "vultures"

    Silly i know. I would rather know one way or another than pin hopes on something that may never appear and get wound up with every week that passes where nothing arrives.
    Where the !!!! has the Shrug gone! :confused: just doesn't cut it... and these don't come close
Page 1
    • DigForVictory
    • By DigForVictory 13th Oct 18, 3:32 PM
    • 8,434 Posts
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    DigForVictory
    • #2
    • 13th Oct 18, 3:32 PM
    • #2
    • 13th Oct 18, 3:32 PM
    Whatever time frame you were hoping for add a month minimum to get everyone in line for a bequest through the money laundering regs, which means Every Person has to prove their ID.

    Data of birth & recent bank statement is easy-ish but getting it witnessed by the appropriate person & documented as such can take a harrowing length of time & everyone blames the other side of the family.

    To add salt, those who are comfortably off seem not to be too fussed whereas those who could seriously use the payout would be well advised to speak to their bank & arrange a loan.
    (What me, bitter? Yep. Still mentioning he deceased with thanks in my prayers but one branch of the family has dropped right off my Christmas card list.)

    In short, know where your birth certificate & recent bank statements are, then carry on as if you'd No Expectations Whatsoever. It's just easier on the nervous system.
    • chompie
    • By chompie 13th Oct 18, 3:48 PM
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    chompie
    • #3
    • 13th Oct 18, 3:48 PM
    • #3
    • 13th Oct 18, 3:48 PM
    Whatever time frame you were hoping for add a month minimum to get everyone in line for a bequest through the money laundering regs, which means Every Person has to prove their ID.

    Data of birth & recent bank statement is easy-ish but getting it witnessed by the appropriate person & documented as such can take a harrowing length of time & everyone blames the other side of the family.

    To add salt, those who are comfortably off seem not to be too fussed whereas those who could seriously use the payout would be well advised to speak to their bank & arrange a loan.
    (What me, bitter? Yep. Still mentioning he deceased with thanks in my prayers but one branch of the family has dropped right off my Christmas card list.)

    In short, know where your birth certificate & recent bank statements are, then carry on as if you'd No Expectations Whatsoever. It's just easier on the nervous system.
    Originally posted by DigForVictory
    They've not even got to any verification of ID stage yet...
    Where the !!!! has the Shrug gone! :confused: just doesn't cut it... and these don't come close
    • Flugelhorn
    • By Flugelhorn 13th Oct 18, 3:57 PM
    • 1,068 Posts
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    Flugelhorn
    • #4
    • 13th Oct 18, 3:57 PM
    • #4
    • 13th Oct 18, 3:57 PM
    A son or daughter turning up would make a difference, if they have not been adopted out then they would be eligible to inherit the lot

    What is more likely is that while his siblings will inherit equal shares, any share for a deceased sibling will be divided amongst the siblings children (is this where your mum fits in?) - once it gets to nieces and nephews it can be more difficult to ensure that they have everyone eligible - there may be unexpected children there who turn up
    • Yorkshireman99
    • By Yorkshireman99 13th Oct 18, 5:27 PM
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    Yorkshireman99
    • #5
    • 13th Oct 18, 5:27 PM
    • #5
    • 13th Oct 18, 5:27 PM
    I would add that it is a time consuming process that may take many months.
    • Owain Moneysaver
    • By Owain Moneysaver 13th Oct 18, 5:38 PM
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    Owain Moneysaver
    • #6
    • 13th Oct 18, 5:38 PM
    • #6
    • 13th Oct 18, 5:38 PM
    A simple estate should be sorted out within a year, but this isn't simple.

    The solicitors will not be paying anything out until they are certain no other beneficiaries or other claimants can come forward. If they've only just (and in executry timescales 2 months is 'only just') got the house sold then that's progress, but it can still take a few months at least before distribution of assets can start.
    A kind word lasts a minute, a skelped erse is sair for a day.
    • kidmugsy
    • By kidmugsy 13th Oct 18, 6:47 PM
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    kidmugsy
    • #7
    • 13th Oct 18, 6:47 PM
    • #7
    • 13th Oct 18, 6:47 PM
    Don't the solicitors normally publish a request for interested parties to come forward? Has that happened yet?
    Free the dunston one next time too.
    • Mojisola
    • By Mojisola 13th Oct 18, 6:59 PM
    • 30,128 Posts
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    Mojisola
    • #8
    • 13th Oct 18, 6:59 PM
    • #8
    • 13th Oct 18, 6:59 PM
    Ok, so my mum (and her siblings) received word that there was no will left by their uncle and was asked to give their details to a probate/inheritance (not sure) law firm.

    Also would they receive any documentation from the lawyers as they have received no correspondence (don't even know who the lawyers are to contact and ask them)

    Their details were requested by a cousin who informed them of the inheritance, they do not wish to contact the cousin and appear like "vultures"
    Originally posted by chompie
    Just contact the cousin and ask for the contact details of the solicitor dealing with the estate!

    Why should some beneficiaries know who is dealing with the estate and not others?
    • chompie
    • By chompie 13th Oct 18, 8:05 PM
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    chompie
    • #9
    • 13th Oct 18, 8:05 PM
    • #9
    • 13th Oct 18, 8:05 PM
    Ok, thanks for the replies (and on a Saturday too!)
    He had no kids as far as anyone is aware, only living relatives are his brothers' kids (of which there are 17)


    It appears they (the lawyers) have found one Niece's details and pretty much asked her to gather contact details for the rest of the potential heirs.

    Personally i would just ask the cousin in question for the details of the solicitor but as i mentioned this particular arm of the family don't want to seem like money grabbers (even though secretly they've already spent it )
    Where the !!!! has the Shrug gone! :confused: just doesn't cut it... and these don't come close
    • chompie
    • By chompie 13th Oct 18, 9:35 PM
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    chompie
    Been searching the interweb and found details for the law firm holding the estate in a local gazette ...

    Have contacted them (the law firm not the gazette) for an update.
    Last edited by chompie; 13-10-2018 at 9:57 PM.
    Where the !!!! has the Shrug gone! :confused: just doesn't cut it... and these don't come close
    • AnotherJoe
    • By AnotherJoe 17th Oct 18, 8:56 AM
    • 11,842 Posts
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    AnotherJoe
    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.
    Please dont criticise my spelling. It's excellent. Its my typing that's bad.
    • chompie
    • By chompie 17th Oct 18, 10:08 AM
    • 2,346 Posts
    • 1,840 Thanks
    chompie
    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.
    Originally posted by AnotherJoe
    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... and these don't come close
    • AnotherJoe
    • By AnotherJoe 17th Oct 18, 10:20 AM
    • 11,842 Posts
    • 13,800 Thanks
    AnotherJoe
    I thought there was a maximum %age they could take from the estate?
    Originally posted by chompie

    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.
    Please dont criticise my spelling. It's excellent. Its my typing that's bad.
    • Malthusian
    • By Malthusian 17th Oct 18, 2:11 PM
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    Malthusian
    I thought there was a maximum %age they could take from the estate?
    Originally posted by chompie
    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.
    • Yorkshireman99
    • By Yorkshireman99 17th Oct 18, 2:39 PM
    • 4,770 Posts
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    Yorkshireman99
    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.
    Originally posted by Malthusian
    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.
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