Executing a will

[al1948uk]

How long should it take to execute a will? My friends father died last New Years Eve 2008. Despite several visits to the solicitors, letters and phone calls, my friend has not been told anything. In the mean time, his mother who is 86 has been threatened with eviction, has lost money from her tax credit and is frightened to open any letters. What should they do?

[dzug]

By convention an executor is allowed a year.

However a reasonably simple estate should be done if not dusted by now. Complicated ones can drag on for years

[factor-fiction]

I agree with dzug.
I'm not sure what point you are making about the mother- are you saying she is struggling financially and needs her share of the estate? Is her loss of tax credit connected in some way. I didn't think anyone aged 86 got tax credits.

[factor-fiction]

I meant to add- the solicitor should be able to explain the timescales.
I think it's unnecessary to use solicitors to act as executors for mst estates

[al1948uk]

Many thanks for your help Factor 30.

I think I probably meant family credit, but all I know is my friends mother is getting all sorts of hassle from the council and who ever, because the solicitor has been so slow, has not communicated what the process is or who they are 'talking' to.

My friend had to pay for his fathers funeral, and is himself struggling for money.

I obviously do not know all the details, but would expect the solicitors to represent their client.

One other factor in this is that the solicitors' stepdaughter is the partner of my friends younger brother, who suggested the solicitor in the first place. He is also not keeping in touch and when he does tells his mother and brother not to worry, it will all be sorted out.

Correspondence is being sent to my friends brother rather than the mother who needs to know what is going on.

[Androcles]

You don't actually say if anybody has been appointed the executor in the will - is it the solicitor, the brother, the younger brother or who? In fact was there a will, even? It is not clear from your post.

[dzug]

but would expect the solicitors to represent their client.

Unfortunately their client is the deceased.

[al1948uk]

Hello Androcles,

In view of what I know the matter has been put into the hands of the solicitor as recommended by the brother.

Your point is a good one, that if my friends father made a will through a solicitor, then they should be the executors.

I can only apologise for the lack of detail, as I am reporting this second hand.

Many thanks for the feedback.

[Barmaid]

The solicitors are either acting as executors or acting FOR the executors - you need to find out who the executors are. If the former, I suggest you send a shot across their bows. Whilst it is correct (as dzug says) that no exec can be compelled to wind up an estate within a year, it might be worth putting a little pressure on them. If the execs are private individuals (and they have instructed the sols) you can still apply pressure.

If it is a simple estate, there is no reason why they should not now have probate and be in a position to sort things out.

Although an executor cannot be compelled to wind up an estate within a year, I would suggest writing to them as follows - get your friend's mother to write - or even write a letter and get her to sign it.

"it is now 6 months since my husband died and as far as I am aware, probate has not yet/was granted on (date). I have received no further information. IN view of the delay, I am alarmed that I have received no information from you. It is now my intention to apply for a summons from the District Probate Registry for a full inventory and account under s25 Administration of Estates Act 1925, and will hold the executors personally responsible in the costs of the claim. Please therefore let me have an update within 14 days of this letter, including a copy of the Will, a copy of the assets and liabilities and a full update as to the estate administration.

Please assure your clients (the executors)/be assured that I will take whatever steps necessary to conclude the due administration of my late husband's estate.!"

Now, in fairness, you can't really write such a letter until a year is up, but in my experience the phrase "hold you personally responsible in costs" normally works.