Legal Question in Wills and Trusts in United Kingdom

have a query about the solicitor handling my late aunt's estate, specifically the length of time she is taking to make payment to the beneficiaries. My aunt died on 14 March 2009 and the solicitor (who I shall from this point refer to as Mrs X) wrote to myself and my three sisters on 26 March 2009 advising us that we were beneficiaries - one sister was left the house and my aunt's monies in the bank were to be divided equally among myself and the other two sisters. In her correspondence, Mrs X in her enclosed "Probate Services" instructions stated:-

"Many people are surprised at the length of time it takes to wind up an estate. Even the simplest estate may take up to six months to administer although it may be possible to distribute part fot he estate prior to all matters being finally wound up".

We the beneficiaries are still however waiting for payment now nearly ELEVEN months later so I wonder if you can help me in how I might be able to hurry her up a little. I thought Mrs X would make payment once the house had been sold which happened on 9 November 2009 and when I chased her up she said that as she had now received most of the bank monies as well as the house sale monies she was be in a position to make an interim payment. However, when I chased her up about this "interim payment" in January 2010 she said she was still awaiting some small amounts from a couple of banks as well as some small proceeds from the sale of some shares and would not make any payment until she received these monies. Call me cynical, but I think she is just holding on to the money for as long as possible to get the interest for her firm of Solicitors - we are talking about an estate value in excess of �170k here. I certainly cannot see why she cannot make payment to my sister the house sale proceeds - �90k gross - as this amount is surely cut and dried. I only email Mrs X as we are charged for every second we speak to her on the phone so email is cheaper - I last emailed her at the beginning of January this year. Please can you give me the benefit of your advice on this matter. Sorry if I've waffled on a bit; I am totally ignorant of legal matters but don't like this woman thinking we are stupid. Thank you very much.

Eve


Asked on 2/16/10, 4:13 am

1 Answer from Attorneys
Andrew Dutton Legal -Zone

From what you say that there can be no conceivable reason for the delay in completing the administration of this estate and accounting to you and other beneficiaries. Even were this not to be the case there must be money available to make an interim payment to you.

Depending upon whether Mrs X or her firm were appointed the executors or whether they are instructed by other executors appointed you should put them on notice of an intention to seek damages in respect of the loss you will have suffered by reason of their failure to properly carry out their duties as executors. If matters are not then resolved you will have a right to ask a court to intervene and ensure that the administration is properly carried out.

Let me know if hi can ever help further.

Andrew Dutton

[email protected]

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Answered on 2/22/10, 5:17 am


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