Quick Probate question...

willmunny1990

The mother is the beneficiary of a will and its been in probate for about 6-7 months now...we're not in contact with the executor so don't no what is really going on, does probate normally take this long?

And does the length of probate have anything to do with the size of the will?

Thanks in advance.

Diairist

No, size does not matter. Six / 12 months covers most wills. Tomorrow you absolutely must ask the solicitor when they last asked for something, like a bank balance or an invoice then offer your help in getting it. Frighten him / her into action.

willmunny1990

It seems every time you ask somebody about probate the answer will always be different.

according to the mother the last time she spoke to the solicitor the solicitor couldn't really tell her anything, kept saying you'd have to speak to the executor and since there is no contact there we're pretty much in the dark.

We know what ever money is there is being divided up between 3 people but thats it.

When the time does eventually come how will she be notified? will the solicitor send her out a letter or something?

Mr. Incognito

The steps are that the executor will have to extract the grant of probate. (The minumum backlog in the probate office at present is 3-6 months, then they have to appropriate all the assets, if they need to sell land they will have to do that and finally once all the assets are accumulated they need to send them to the beneficiaries.

How long that takes depends on the complexity of the assets, the skill / experience of the executor.

It can take anywhere from 6 months to years. A beneficiary has zero right to enquire from the executors solicitor and your solicitor can do no more than make a polite call and ask when it will be completed.

All you can do is wait tbh

Mr. Incognito

Diairist wrote: »

No, size does not matter. Six / 12 months covers most wills. Tomorrow you absolutely must ask the solicitor when they last asked for something, like a bank balance or an invoice then offer your help in getting it. Frighten him / her into action.

Well as he is not paying the solicitor and has no entitlement until the grant is extracted frightening him? Get real. Solicitors are used to itchy beneficiaries. Expect to be told to politely f. off and it'll issue when it issues.

The executor doesnt get paid until its administered so they have as much interest in hurrying it up as anyone.

willmunny1990

Without going into too much detail my mother and the executor are siblings, Its not so much about being itchy its the secretiveness and being kept in the dark that is just puzzling.

Im not well up on this kind of thing, I thought a beneficiary would be entitled to know what they are getting, others obviously don't want us knowing for some reason or another but I don't see why as my mam will get it eventually anyway so it seems a pointless and petty exercise.

Mr. Incognito

willmunny1990 wrote: »

Without going into too much detail my mother and the executor are siblings, Its not so much about being itchy its the secretiveness and being kept in the dark that is just puzzling.

Im not well up on this kind of thing, I thought a beneficiary would be entitled to know what they are getting, others obviously don't want us knowing for some reason or another but I don't see why as my mam will get it eventually anyway so it seems a pointless and petty exercise.

You are not entitled to anything until the grant is extracted and if solicitors had to explain everything to every beneficiary nothing would ever get done. Are you entitled to be kept up to date, the short answer is no until its teed up to pay you, thats after all the expenses are paid and the quantum is known. Just ask to be notified when the ca24 is filed.