Probate Advice

Wondering where to get some starter advice on my Fathers Probate I'm going through at the moment as I consider next steps so any advice really appreciated.

So Father died early last year, myself and a family member were assigned as Executors and we started with a solicitor around mid last year. There's is a house involved and some money so total estate is just under €1m.

Mother's separated so not really involved at all, some stuff went to her so just really concerned about our own pot (no bad blood there so she's willing to forfeit her cut as alot of children in the family)

Started off well with other Family Member driving it as I'd alot going on and it just suited, found communication wasn't great with myself but looked like the gathering info part prior to applying for probate was going ok but we were just waiting alot on the solicitor.
Towards the end of the year I got a bit concerned and started asking more probing questions and asking for copies of what was gathered so far. This was fobbed off.

Start of this year and there was still nothing really sent through (think one word answers to detailed questions) after more asking, even though I'm well aware 90+% of what we need is definitely gathered so I called them out on it. The main trigger for this was the solicitor including me on an email that referenced other email chains which I'd been excluded from.
At this stage I made a proper phone call with the family member but that just ended in an argument.

A big part of this is I've only seen the final split of who's getting what, there isn't a clear workings document and I don't have the source for what's there. I'm extremely concerned about signing off on a financial plan I have no insight into as I'm aware I'll be liable if revenue come knocking.

Given the trust in this Executor "Team" had collapsed I formalised an email calling out the issues I had and looked for a formal response as I realise now I need to start covering myself.

I got nothing.

I've emailed about 4 times now over the last number of months with a swallow my pride (I really don't care family member is going to be out of my life now) just to get this moving so the benefactors can be sorted out but again no response.

The solicitor has also sent emails to the family member (just general queries to both of us) and again no response.

I then contacted the solicitors looking for a call for advice and although I did get the call I was just told that as far as they're concerned we're just "one person" to them so not their problem and basically get bent.

Now a few weeks later the Solicitor has come back and said "They're trimming down their cases" and given they thought this probate would be resolved by now they are no longer willing to look after our probate. Brilliant.



I'm looking at my options now and I think they're as follows:

A) Get my own solicitor and start work to get him removed as executor

From everything I've heard the estate will be decimated, that plus given they're just non-acting with nothing malicious it doesn't look like a court would remove them (it's only been a year and few months)

B) Just sign the thing and move on

My feeling about the main trigger for my family member is that they feel like this is their project and why am I questioning them.
If I just say fine and sign it probate can kick off and go through.

C) Renounce my Executorship

At this stage all I've signed was an initial doc for the solicitor to start working on probate, we haven't done the big signature for applying for "Grant of Probate" so my assumption is I can easily back out at this stage. If I do that I'm not liable for what happens and more chance of people getting something than nothing

I'm sure this stuff is sort of common enough, from a personal point of view I don't care about winning, losing or losing face, I am looking at how to get a realistic outcome for the rest of the benefactors. My Father appointed the other Family Member so I've no guilt about walking away and given some of the benefactors could really do with their share I think that's probably the most successful probability.

Thanks for any advice/pointers, note that I will be consulting my own legal advisor before doing anything

I would request a copy of the full file from the solicitor. You are not one person and tell the solicitor that if they have any doubts in that regard that they can speak to the Law Society. I would then write a letter to the other person, suggesting a meeting to work together on sorting it all out. Give it one more chance to salvage the relationship. But arrive with a good plan. Discuss agreeing together on appointing a new solicitor

Just to add a small point from recent experience to the above: as the executor you are entitled and obliged to copies of all documentation from the solicitor. In fact they should probably have copied you on all correspondence, you are well within your rights to ask for a copy of the file from the solicitor, they might charge for that or allow you to come into the office and review.

Another point, which people better qualified than me could answer, is in relation to your mother forfeiting her share. As far as I understand it unless there was a legal agreement when they separated to indicate that there would be no claim from her on the estate then technically she might have to be given her share and then she passes it onto the children. Solicitor will know the details there also.

I suppose the key question is, when you see the result of the information gathering that has taken place to date you will know the size of the pot. The will itself then outlines who gets what. Once the final figures for distribution (after legal and tax expenses) line up with the size of the pot then things are fine and you can continue to let the other executor drive the process. In reality the solicitor should probably be cross-checking that the distributions align with whatever is specified in the will.

Hope this helps, I know it is a very stressful time with many tasks to perform.

supertree said:

From everything I've heard the estate will be decimated, that plus given they're just non-acting with nothing malicious it doesn't look like a court would remove them (it's only been a year and few months)

B) Just sign the thing and move on

My feeling about the main trigger for my family member is that they feel like this is their project and why am I questioning them.
If I just say fine and sign it probate can kick off and go through.

C) Renounce my Executorship

Click to expand...

From what you've written it seems:

- You took a back seat as executor
- yes you are liable to revenue as executor, but only if you are actually the executor
- you should not sign off on anything unless you know everything is in order, it's confusing as to what you are signing if the grant is not even applied for
- First acting executor is not communicating with you
- The solicitor is not communicating with you (which is very odd)

What is also amazing to me is

- The solicitor no longer wants to act
- will not communicate with you
- the grant has not been applied for

Questions:

- Why do you think the estate will be decimated?
- Is your mother divorced from your father ?
- Who hired the solicitor?
- Did the solicitor supply a fee quote letter?

Yes I think you should get independent legal advice. But having said that, it's only maybe going to start a legal fight, a costly one. And of course you can renounce. Then you'll have no liability, no headaches but maybe no inheritance.