Probate still not submitted >12 months

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Ronaldo9

Registered User
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Hi all

If probate is still not submitted and it's over the 12 months, is beneficiary now allowed to contact the solicitor directly if required?

Thanks
 
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The 'Executor's Year' which is what I think you might have picked up on refers to the time limit within which you can't (generally) bring proceedings against an exec.

Starting proceedings is the nuclear option however, so chat w. exec and if a family member, perhaps ask if there's anything you can do to help.

IANAL
 
Hi all, it's still ongoing and probate hasn't been granted let alone the will sent to the probate office yet. As a beneficiary who has a decent relationship with the executor, I'm still not getting any answers to delays tbh. I get the impression the executor isn't getting answers from their solicitor. Would I be able to inform the executor I'm going to ask my solicitor to query the delay with the executors solicitor to understand what's going on? Not trying to cause problems but can't stand inaction or even a reason for it.
 
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Ronaldo9 said:
Would I be able to inform the executor I'm going to ask my solicitor to query the delay with the executors solicitor to understand what's going on?
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Yes, you can, but...
mathepac said:
The solicitor's client is the executor. All your dealings must be through the executor. The solicitor cannot communicate with you in any way, except on instructions from the executor.
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Ronaldo9 said:
I get the impression the executor isn't getting answers from their solicitor.
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So rather than deal with impressions, ask for specifics.

Is there property to be sold?
Have the personal posessions been cleared / disposed of?
How many bank a/cs did the deceased have? Have they been notified?
Was there life insurance? Has the process to claim been started?
Was there a pension payment / death in service.
If exec isn't happy with Solicitor's work, they can ask for the file and instruct someone else.
 
There were a few assets including principal primary residence, all mortgage free and a very clear and straightforward will. I don't get the delay.

If the executor can't give me the answers to my questions, can I send a solicitors letter querying the delay via my solicitor or not?
 
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In your experience/dealings with the executor would you describe them as

A) an intelligent, motivated, get things done type.

B) a proscrinator who can barely decide what to have for breakfast.
 
You have three options:

1. Do nothing & get on with your life.

2. Speak to exec and let them know your concerns; perhaps include other beneficiaries.

3. Start proceedings to remove exec, keeping in mind this is the nuclear option.
 
Ronaldo9 said:
The executor is absolutely not option A
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Likely they are procrastinating to the nth degree.

I knew someone like this and honestly they were utterly useless, their mind was one big everturning egg timer. The simplest of tasks were herculean to them, sending an email was the equivalent of doing a thesis.

Maybe ask them if you can help as it seems to be taking longer than expected?
 
Well you tell me, it's 18 months and still no submission for a very tidy estate and a very clear will and debts have yet to be paid...it's all just quite embarrassing tbh.

I'm not the executor but I don't like my name being associated with that sort of nonsense.
 
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Going by recently edited information to your posts I'd first talk to him and point blank ask for an update....failing this I'd look to remove him.

By your account he's next to useless and you'll be on here in 3 years time still vexed by his idiocy.
 
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