Probate and inheritance

MrThrifty

Sorry, it's a long one this! I’m looking for some advice on a probate matter. Basically, some distant relative (that I didn't even know existed to be honest with you) in the UK died in May of last year and I received a letter from their solicitors saying that there would be some inheritance coming my way. The bulk of this came ~6 months later and the remainder was to follow in due course. It is now a year later and I have heard nothing at all from the solicitor. I am slightly concerned as the solicitors dealing with things seem unprofessional (virtually no communication, never registered any letters to-date, didn't put sufficient postage stamps on the letters, very vague when I originally enquired on timelines, etc.). When I enquired about who the executor was, they said it was somebody in their office. I am now worried that there might be no living close relative to the person who died and that the solicitors in question might be taking advantage of the situation. Could this be the case or do the courts or other officials keep an eye on things over in the UK? Also, am I entitled to see how the proceeds of the estate are being divided (to whom etc.)? Finally, am I entitled to see what fees the solicitor is charging for their involvement? I haven’t been in this situation before but I have the sense that something is not quite right. Maybe it’s simply paranoia.

coylemj

Technically they wouldn't have given you any money until the will was admitted to probate which means it is now a done deal and you can ask the authorities for a copy of the will. Who you ask I do not know but the will is a document of public record and anyone can ask for a copy. In the UK it might be an office of the High Court in the nearest big city. In Ireland it's the local Circuit Court outside Dublin, in Dublin it's called the Probate Office and is a branch of the High Court based in Smithfield.

If the deceased had no close relatives but did make a will then it's fairly typical that the solicitor drawing up the will would have put himself down as the named executor so he can make his fees from the probate. It's a bit of a racket to be honest because they do or at least used to charge based on a percentage of the estate and if there's property or land involved then the fees can be substantial.

It would be normal for the executor to furnish a copy of the will to all of the legatees (people left money or property in the will) so I'm surprised you don't already have a copy.

Start your research here....

http://www.hmcourts-service.gov.uk/infoabout/civil/probate/index.htm

MrThrifty

Thanks coylemj for your response. I have got in touch with the solicitors and they say that while they do not normally send a copy of the will to each beneficiary, they are now going to post one to me. They also confirmed the percentage of the inheritance which I was left. They say that the holdup with the remainder of the inheritance payment is due to a wait for the UK courts to confirm that all tax affairs are wrapped up. Do you know if I am entitled at some point to see the amounts/assets from which the inheritance is made up and also the fees deducted from this by the solicitors involved? To explain where I’m coming from, while I am obviously grateful to receive any inheritance at all, the amount received to-date (which apparently is the main proportion of it) seems very small considering the occupation of the deceased and also the property they appeared to own. Again, I’m just worried that there’s no direct family member involved in the process and all of us distant relatives are naturally being polite in the situation and not wanting to ask what might appear to be insensitive questions.

coylemj

No problem, I understand your situation and it matches the feelings of most people who are at a distance from the process. Start with the will, get a copy and read it, that will at least give you an outline of who was left what and whether the legacies were described as percentages of the whole estate or specific bequests of money and/or property.

You say that the total value of the estate isn't what you'd expect for the type of occupation the deceased was engaged in, have you considered that they may have partially mortgaged their home (so-called equity release loans) to pay nursing home fees or to supplement their pension?

You can always ask the solicitor for a statement of the assets, as a beneficiary left a percentage of the estate I would have thought that you would be entitled to get such a statement and a copy of the will without having to ask for either.