Beneficiary in 3 year old Will. Solicitor not responding to correspondence

J

jokemuss

New Member
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8
My relative died 3y 3m ago.
I was contacted by a solicitor who told me I was a beneficiary. I live overseas and am not in contact with other beneficiaries.
I completed all requested paperwork and returned it promptly.
I then heard nothing apart from he had mislaid a part of my paperwork, I resent.
In March 2023 I wrote and asked for progress,concerned I had missed something, living on the other side of the world.
He responded: All beneficiaries have responded and it would be completed soon, but definitely before end of 2023.
It is now Dec 2024 and I sent another e mail July 2024 and one a week ago. No responses.
What should I do? What can I do? Thank you
 
Maybe ask one more time and mention that if you don't get a satisfactory (or any!) response then you will be forced to make a formal complaint:

https://www.lsra.ie/
 
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mathepac said:
Who is the executor of the estate?
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No idea ... but you know how families can be and although I am not close to extended family anything re money is taboo subject.Ill be labelled a money grabber.This should not bother me but really would stress me.
 
I think it would be very wise to write a very formal letter on paper and send it by registered post with proof of delivery. If someone resident in Ireland could do that for you. I suspect a solicitor would not ignore that as easily as an email.
 
ClubMan said:
Maybe ask one more time and mention that if you don't get a satisfactory (or any!) response then you will be forced to make a complaint.
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Who would I make a complaint to? Am I right in thinking this experience is odd? I have no idea how Irish system work.
TomEdison said:
The letter you received from the solicitor will almost certainly name the executor of the estate (who is the solicitor's client).
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I received an e mail letter and didn't name the executor. I know of the law firm and have had as I say just a couple of responses so know it is definitely legitimate.I was the beneficiary to other Irish wills but they were dealt with much quicker and by another solicitor.Those letters did not name executor either.
patfert1 said:
I think it would be very wise to write a very formal letter on paper and send it by registered post with proof of delivery. If someone resident in Ireland could do that for you. I suspect a solicitor would not ignore that as easily as an email.
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The issue here is that the solicitor isn't working for you; he's working for the executor.

The delay does look unreasonable, but we — and, by "we" I mean "you" — have no way of knowing whether the delay is caused by the solicitor, or by the executor, or by some combination of the two of them, or by some other factor. Even the failure to reply to your correspondence may not be the solicitor's fault; the executor may have told him not to reply, or may have told him that he will not pay the solicitor other than for the work strictly required to administer the estate.

Plus, to the extent that the solicitor is at fault here, the person best positioned to give him a move on is his client, the executor.

Hence, despite the somewhat distant relationship you have with your family, the most effective way for you to address this may be to talk to the executor.

If matters have at least progressed to the issue of a grant of probate, you can find out from the Probate Office of the High Court who the executor is. And you can get a copy of the will from them which will contain much other useful information, such as who the other beneficiaries are. If you can't talk to the executor then, as JoeRoberts suggests, maybe talk to some of the other beneficiaries to see if they share your concern about the time this is taking and/or if they have any better idea than you do of why it is taking so long.
 
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T McGibney said:
There is no obligation on a solicitor or anyone to respond to random unsolicited correspondence from someone claiming to be a beneficiary of an estate.
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How exactly is it random/unsolicited?
 
ClubMan said:
How exactly is it random/unsolicited?
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It is clearly and patently both.

As pointed out above, the solicitor acting for an estate is under no obligation whatsoever to respond to requests for information from a beneficiary or putative beneficiary of that estate.

In that context it is reckless to advise them to preemptively file a formal complaint against the solicitor.
 
Check if probate has been granted on probate.courts.ie
You enter the deceased name and year of death. If it has been granted you will see when it was granted and the executors name. That way you can contact the executor directly. I agree there is no point getting on to the solicitor as he is working for the executor, assuming the executor has engaged the solicitors services for probate.
 
ClubMan said:
So the solicitor can contact the beneficiary but the beneficiary can't contact the solicitor (even though they already have and received a reply)? Right...
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I never said that or anything approximating to it.

They can contact whomever they like in this regard, but there is no obligation on the solicitor either to respond or to divulge information.

This isn't even complicated.
 
T McGibney said:
There is no obligation on a solicitor or anyone to respond to random unsolicited correspondence from someone claiming to be a beneficiary of an estate.
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Read the OP. A random solicitor contacted OP as a beneficiary of an estate and now won't respond to that approach. What way is that to run a war.

Even ignoring the unprofessional email communiqé, open to being read by the entire internet before it gets to the addressee, the solicitor sounds like a prime pladhc.

Report.
 
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Tellingly you didn't even attempt to contradict my point, let alone rebut it.
 
T McGibney said:
As pointed out above, the solicitor acting for an estate is under no obligation whatsoever to respond to requests for information from a beneficiary or putative beneficiary of that estate.
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This is of course procedurally correct.

Nevertheless if I was the OP I wouldn’t give up on the first attempt and make two further requests in writing from the executor’s solicitor. Stamps and paper are not expensive.
 
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