Non-communicative executor

[Kipper]

My aunt died intestate 2 years ago. My father (aunt's brother) had died years earlier leaving me as a beneficiary. There are three groups of beneficiaries to the will. Myself (and my siblings) and my deceased aunt's surviving brother and sister. I stood aside and allowed my uncle to apply for probate (much to my deep regret now). Probate was granted over a year ago. We (the other beneficiaries) haven't heard a single thing from my uncle. I recently contacted my uncle's solicitor and his response was that I will only talk to you through your solicitor. So I have a few questions for my learned colleagues:

1. Is my uncle's solicitor within his rights to refuse to talk to a beneficiary?
2. Should we have any visibility of what's going on?
3. How long should we wait before going to the LSRA, or what is our recourse?

 

[cremeegg]

I recently contacted my uncle's solicitor and his response was that I will only talk to you through your solicitor.

1. Is my uncle's solicitor within his rights to refuse to talk to a beneficiary?

Lawyers certainly say this a lot, I have no idea if there is any legal basis to it.

Though of course that solicitor isn't obliged to talk to anyone if he doesn't want to.

Sorry I have no insight to help on your issue.

 

[mathepac]

I'm confused.

Is your uncle the executor to your late father's estate or is he the legally appointed personal representative of your aunt's estate or is he both? In your aunt's case, there is no will and in your father's will, who were the named beneficiaries?

Did you revoke the executorship of your father's will?

How did the solicitor enter the picture?

 

[Feemar5]

As I read it your father died first so his will should be sorted out first. If your aunt has died before his will was sorted her share if any should be paid into her estate - so only her estate should should be in question. Why not ask your uncle what is happening and suggest to him that you both visit the solicitor as he may not understand the legal jargon. I don't think the solicitor is obliged to talk to anyone but the executor.