Solicitor slow over probate

A question about : Solicitor slow over probate

I lost both my parents last year, Dad in July, and Mum in September.

My husband is joint executor with their solicitor.

There were no inheritance tax complications over Dad's will, as he left everything to Mum.

Since then the solicitor has had all papers he required, but only just got probate granted. We are angry at the long delay, as both parents had valid wills and their tax affairs were looked after by a tax accountant.

Inheritance tax became due on 1st april, which we assume has been paid as probate is now granted. But we'll have been paying the interest on the outstanding amount (somewhat over Ј100,000 I think) so I as residual beneficiary have lost that money. The interest I mean. Sorry, am confused trying to get the facts straight!

Meanwhile we have put my parents' flat on the market. We had hoped to use a different firm for the conveyancing as we have no confidence in the chap. But he told husband as joint executor I insist on using my firm for the sale of your MIL's flat. Can he do that?

Also husband asked to go to see the papers (we believe the solicitor didn't get on with things in a timely manner) but he was told he WASN'T ALLOWED to see them until everything is finished. We feel that this isn't right - husband is supposed to be JOINT executor. Does anyone know if this is true?

Bit peeved (to put it mildly) that when husband offered to travel back from holiday for meeting to discuss the estate (presumably what to do with shares etc) he told husband not to, that they could meet when we got back (nearly 2 weeks ago now). But when husband rang to make appt earliest could get was Sep 4 as solicitor was going on hols. If he'd told us that earlier husband most certainly would have travelled home to see him then, as it's only about 100 miles travel, and we are desperate to get things sorted.

We never thought it would be nearly a year before the beneficiaries saw any money, and we wonder how much longer it will all take! Husband has also had to pay insurance fees on parents flat ever since Mum went into nursing home last May, and hasn't been re-imbursed yet - solicitor didn't include that in the inheritance tax form, so we are even paying IHT on money that should have been paid from Mum's estate to husband for that. About Ј60 a month, so a not inconsiderable amount.

We are not rich - I am disabled and on incapacity benefit. Husband is in low paid work, though does have a pension (took early retirement from an IT job). We are really struggling financially at the mo, we are in debt and looks as if will have to go futher into debt as this solicitor has been so slow.

Guess partly I just wanted to vent , but would really like to know if solicitor is allowed to prevent his co-executor seeing the papers, and also if he's able to insist we use his firm for the conveyancing.

It's my 60th on Sunday, and I'd hoped to be able to treat the family, but that'll have to wait. Can't even grieve properly yet as all of this is doing me head in

Best answers:

• Blimey, what a shambles.it certainly sounds very odd. If I was joint executor and landed with this I'd be phoning the Probate Office first thing in the morning to discuss my concerns and to get advice on whether the correct procedures were being followed.
• I did probate once - and I tell you, the next probate I'll be involved in will be MINE - my poor old nearest and dearest will have to cope. It's an absolute pain in the neck and any solicitor involved seems to work at the slowest possible pace. We lost our temper with our solicitor (or, rather, the solicitor my relation had involved whilst they were still alive). You think that keeping the same person would be an advantage and cut down on time and expense. HAH.
  I would ask for a bill up to 'today's date' and ask for everything to be listed. The thing is, you can do probate yourself - it just takes time and sometimes I think it can't really take any longer than these so-called experts take.
• I am so sorry ukmaggie45. Every time I read these sorts of posts, I feel more and more angered. I seem to have been making a bit of a habit lately of posting my views on solicitors dealing with probate/writing Wills.
  I am not sure on the terminology. What do you mean by joint solicitor? Do you mean your husband chose to use a solicitor to assist or the firm was named in the Will together with your husband?
  I'm afraid solicitors do drag their heels and make mistakes; sometimes very costly ones.I found myself researching everything I was being told and it was not always correct. Some of the issues could have had costly implications further down the road.
  My suggestion to you is to see the named solicitor for concerns/complaints. I have found this to be effective on several occasions for speeding things along/compensation..
  It is such a shame that you are not doing the job yourself. As long as the estate is simple, the executor is organised, methodical and numerate, the job is easily do-able.Depending on how 'joint' the solicitor is, could you try to do the rest yourselves?
  I can't believe that the solicitor can insist on the firm doing the conveyancing but I can't be definite. All I know is that there is plenty of evidence around ( including my own experience) of solicitors giving completely incorrect facts.
  Not being allowed to see the papers is rubbish. That I am confident about.
  You must ensure that the firm compensates for the interest incurred.
  The bill will need to be scrutinised too.
  I would also question what interest the firm is paying on funds that are being held. If not happy, insist on these being paid out.
  Good luck.
• Oh dear, what a mess!
  I will locate threads in a minute.( not relevant ) Not sure they will be any use to you with your practical problem.
  I was fearing you would say that the solicitor was named in the Will. Like Errata, I feel that they can insist on continuing with the job.However you have more than enough ammunition to make life a little more difficult. I would start with the in house complaint and then there is always the law society to fall back on.
  I still think you should be able to get the money released. Bear in mind though that I had lost all patience and whilst the solicitor transferred the money without fuss, I wonder if it was because I had started to be a little awkward.
  Could you try querying with the Law Society as well as Errata's suggestion re the conveyancing issue?
  You don't seem too confident about the insurance fees/interest. Their mistake/delay. They sort it out for you! It is the executors duty to ensure the IHT form is correct and debts are known.
  The bill is a very important aspect. But that will come later to deal with.
  It is awful. People are so trusting of the profession; myself included until 11 years ago. I despair when I keep reading here the automatic suggestion for people to consult a solicitor for either a Will or to administer an Estate.
  Finally, you should have been given clear guidelines on costs of the firm. Edit: maybe not mandatory if named executor in the Will.:confused:
• Sloughflint, Thanks so much for your further response. Will reply when able. Am exhausted now - had counselling session earlier which is always knackering. It is helping - my mother's death was fairly traumatic, it will be a long business I think.
• Why don't you take the flat off the market untill the whole thing is finalised. It will then be solely part of your inheritance for you to do as you wish with and with no connection to that dammed solicitor.
• I don't want to get your hopes up with the releasing of the funds to help with your debt. It could be that once the IHT was paid, there is little liquid cash floating around without the sale of the property.
  You can get a rough idea now. Your father passed his estate to your mother and no IHT due between spouses.Your mother's IHT allowance was £600 000. Anything over will be taxed at 40%.You know the value of the property.
  You have every right to ask what has been done to date and how much is being held within the firm.
  The reason I wanted the funds distributed to the beneficiary was because the firm was paying a very low interest rate. Maybe you could use the same argument at least to access some of the available money?
  In any event, I would say your husband should not be paying any more insurance payments. That should come out of the Estate, ie the solicitor's firm should be paying them.
  Edit:
  I have a little niggle/afterthought here.
  Is your husband confident that he made the firm aware that the property had insurance that needed paying?
  Also I'm not entirely sure if payments after death would go on the IHT form thinking about it. IHT has to be paid before probate granted and a property can be sold so insurance would carry on.
  Certainly the insurance should be paid out of the estate but not sure now if solicitor has incorrectly completed the IHT form after all. I am guessing here. Perhaps an initial IHT form is completed and then at the end when the estate can be fully settled HMRC is notified and IHT readjustments made? Or the IHT position is purely on assets at date of death ( which should at least include some of the insurance payments up to death -May to September)?
  A little more research needed before complaining, I think.
  You should be able to get a quick idea on the IHT position by calling the IHT and probate helpline.
  ( link to contact details on line 4:
  https://www.hmrc.gov.uk/cto/customerguide/page1.htm )
• I am not condoning the solicitor's behaviour but you say there was a complication with your father's estate. Remember that your mother's estate could not be calculated until your father's estate was finalised. This could account for some of the delay maybe?
  I do urge you to cross check everything the solicitor states. I said above that I have found several to make mistakes and here is a thread that may apply as you are selling property:
  https://forums.moneysavingexpert.com/...tml?p=13655839
• Hope this helps. If a complaint is made about an executor to the Probate Office it can remove that executor if it considers the executor is not acting properly. I would guess the P O would take any misbehaviour by a solicitor executing an estate extremely serious indeed. In a way the Probate Office acts as the estate's 'best friend'