What is a reasonable amount of time to wait for final settlement

[jmck66]

As one of 7 beneficiaries of a late relatives will, this case is almost 2 years old to the day. My late relative left a clear will with a firm of solicitors as executors. The solicitors had been used by the family for years and although my late relative lived away from the area, he felt that he could trust the solicitors to take care of his wishes better than any others. It was almost 11 months before probate was applied for (within this time 2 different solicitors had dealt with the will). An interim payment was made at the end of last year and we were told that everything would be finalised in the new year. We had a payment in March and heard nothing until September when yet another Solicitor took over the case, stating her fee and that she would endeavour to finalise everything by the end of the year (2009). To date I still have heard nothing and feel that if I attempt to chase things up, this will incur even further costs (of which I have not idea of what they are!) . All that we were informed that was left to do was to sell some shares in one company.This has been hanging around for too long and I feel that it should have been wrapped up by now. Am I right to feel like this?

[Teleph0ne]

This is the trouble when trusting a solicitor to deal with a will, I know it's a bit late now but if an executor had been named usually a family friend or relative then they could have worked with the solicitors to push it through. I would seriously consider going to the citizens advice beurau or even the law society if you don't get things sorted soon, they should at least be keeping you updated. I know that interest rates are low at the moment but money sat in their client account is earning them a return!

[buildersmate]

You can't go to the Law Society for a complaint until you have written complaining the the firm themselves in the first instance.
Agreed this is a ridiculous state of affairs - the only saving grace being that many shares have increased in value significantly in the last 12 months.
The fees should surely have been agreed as a fixed amount. The scope of the work was clear enough.

[Teleph0ne]

I know you can't go to the law society without first complaining which is why I said "if you don't get things sorted out" Clearly the fees and timescale have not been agreed or jmck66 wouldn't be asking the question!

[fredpuli47]

One letter of complaint about the delay won't push the costs up. (If it did, you'd have another complaint for the Law Society !). Ask for a proper explanation .Then you should see what the excuse is and, if necessary, use the Law Society's complaints scheme.

Too late, but it's never wise to appoint a solicitor as executor at all, whether sole or joint. The same applies to appointing a bank.Banks charge enormously and solicitors aren't far behind. The best thing to do is appoint executors who you trust to be responsible and give them the right to take such legal advice and assistance as they deem necessary, to be charged to the estate.

[Barmaid]

Yes you are right to feel aggrieved at the solicitors' procrastination.

As has been pointed out above complain. However, you have a bigger stick to beat them with (apart from the complaints procedure under Rule 2.05) if you don't get any joy. Write to them as follows:-

It has now been * years since (deceased) died and we have had very little in the way of information with regards to the estate. Unless I hear from you within 21 days I shall be making an application to * District Probate Registry under s25 Administration of Estates Act 1925 for an account and inventory of the estate and shall be holding the executors personally responsible in costs.

The latter phrase normally works wonders (I've never known it not to).

[fredpuli47]

Whizzo, Barmaid ! Brilliant! Of course, they're executors, not solicitors acting for executors. As Homer Simpson would say, 'Doh!'