Grant of Probate issued 1.5years ago still haven't received inheritance.

Two separate issues:

1. Clearly you are not happy with the will. If so, it's up to you to challenge it. Whether that is on grounds of duress, undue influence, or that your mother was not competent to make her will when she did. Be aware though, the costs of such actions may well come from the estate. If you're going to challenge it though, you should do so sooner rather than later.

2. Delay in administrating the estate- you say you went to see the solicitor and he got 'narky' with you and said he would only communicate with the other executor from now on. It doesn't sound like a constructive meeting. Normally I would suggest making an appointment to see the solicitor as a starting point to someone who claims they are in the dark in relation to what is happening in an estate. However in your case you have already been to the solicitor and still don't seem to know. I find this strange. Did the solicitor not answer your questions- ie what's happening, why is there a delay, when can I expect to receive my money? If so, that is unreasonable and I would suggest you put it to them in writing, ask for a reply within a reasonable time frame and if you don't get it, certainly make a complaint to the Law Society.
 
Thanks for the advice, i have written a formal letter to the solicitor and have mention that i intend to make a complaint to the law society. So i guess it's time to play the waiting game.
 
Just an update to let you all know that i have written a formal letter to the solicitor..And guess what 3 weeks later and still no reply, its like they are ignoring me.. any advice on what to do next?????.. By the way i know they got the letter because i hand delivered it as i thought this would be more formal to do it in person..
 
mf1 said:
Here's a suggestion.

Go into the Probate Office and ask for a copy of the Inland Revenue Affidavit, filed by the executors in your late mother's estate. As a family member, you will be allowed to order a copy. There will be some nominal duty payable to order it. This should give you some idea of the value of the residue - it should list all the assets in the estate.

Is it possible that there is no residue? So, nothing to distribute? But why don't the executors just say so?

I'm baffled. But I suspect there is more to this query, and a big history, which might make the "alleged" behaviour of the executors easier to understand.

mf
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dellboy2 said:
Just an update to let you all know that i have written a formal letter to the solicitor..And guess what 3 weeks later and still no reply, its like they are ignoring me.. any advice on what to do next?????.. By the way i know they got the letter because i hand delivered it as i thought this would be more formal to do it in person..
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Did you do as MF1 suggested? And get a copy of the Inland Revenue affidavit?
 
dereko1969 said:
Did you do as MF1 suggested? And get a copy of the Inland Revenue affidavit?
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I already have a copy and i know what the estate is worth!!.I did what people suggested and wrote to the solicitors but still haven't got a reply.I just want what is ritefully mine but i seem to be coming up against a brick wall every time...
 
After 2 weeks if you don't get a reply you should write again (and send it by registered post)
 
update no.2.....no reply from solicitor after sending the letter again and by registered post.
Any Advice as to what to do next??
 
Update no.3... still waiting on the law society to get back to me.. have heard through my brother that the solicitors NEW excuse is that even though we've had the grant of probate now for nearly 2 years the Inland revenue are looking into how my father paid for a house he bought..(remember we are dealing with my mothers will now.My father left everything to my mother 6yrs ago.). Can that be so???..I,m getting to the stage that i am thinking of going to the solicitors office and sitting there untill i get whats mine as i seem to be banging my head up against a brick wall getting nowhere!!
 
Could it be true? Yes, I have found a huge increase in Revenue audits of estates recently when applying for clearance from the Income Tax office. They normally send a letter to the solicitor stating that the estate cannot be distributed until they advise they are satisfied with the schedule of assets and give a letter of clearance. Having said that, one would have to wonder why a delay of 2 years-that seems wholly excessive. Why not contact Revenue directly?
 
Vanilla said:
Could it be true? Yes, I have found a huge increase in Revenue audits of estates recently when applying for clearance from the Income Tax office. They normally send a letter to the solicitor stating that the estate cannot be distributed until they advise they are satisfied with the schedule of assets and give a letter of clearance. Having said that, one would have to wonder why a delay of 2 years-that seems wholly excessive. Why not contact Revenue directly?
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I would contact Revenue myself but i am told the won't speak to me as i am not an Executor. The solicitor is now dealing with my Mothers will not my Fathers will.If revenue had a problem with my Fathers assets,should they not have had that problem when my Fathers will was being allocated to my Mother?.By the way Thanks for all your replies,It seems this is the only place i can get any real answers so thanks one and all again:)
 
PLUS OP you are entitled to Interest on your legacy the amount being calculated one year after the date of death.

You need to find yourself a solicitor. If you do not have the money offer them a promissory note for the payment of their fees after all is done.
 
UpDate..Still no contact with Solicitors(nothing new there).Revenue refuse to speak to me as i am not an Executor or a Solicitor acting on behalf of the Executor. Have been in contact with some law firms but they are hesitant about a promissory note.Really getting annoyed with the whole system. Is there any one out there than help me with my situation?.
 
Hey All,

I have had eventual contact from the solicitors who tell me that everything has been sorted and that i should be getting my inheritance soon.

But i have a question or two i could do with some help answering.

Firstly i have recently found out that on being left the family business my brother was also giving a loan from the estate of over 15k which three of the family knew nothing about, so my question is. Can this be allowed there are eight siblings and i would have thought we all would have had to sanctioned this?

Question two is when grant of probate was issued I was told the estate was shall we say 385K. So my question on that is does that include property that was given to family members including a business two houses and 13.5 acres of land. If so even in this climate i would of thought the business was worth ten times that alone as our business while yes it took a little fall like everything else the last few years it did not and will not take a big hit. I know the business inside out (i should do i had been taking out of school at thirteen to help set it up and ran it for many years after) and i know what i could make weekly/ monthly/yearly.

Any help out there?
 
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You probably need to ask the solicitor whether the business was included in the estate, what value was put on it, and how that value was determined.
 
I would think if something was given away, then it is gone, and forms no part of the estate as your mother no longer owned it at the time of her death.

Sorry you are having such a difficult time.
 
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