Ridiculous delay on obtaining probate due to solicitor - options

M

MARTYM8

Registered User
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I am a beneficiary and a joint executor of an estate which is taking for ever to sort as frankly the appointed solicitor is progressing things very slowly - and that is being generous.

The original probate application was submitted around 3 years ago and the probate office raised some queries in 2017 which the solicitor has apparently not responded on according to their records - although the solicitor claims he did. A couple of the beneficiaries disclaimed which caused some issues but it is a relatively simple estate - a house and limited savings.

Is it possible to alter solicitors at this stage or take this over and do it personally - as they are frankly useless, their admin is a nightmare and they continually fob you off saying things have been sorted and probate will be granted shortly. We seem to be stuck in the middle of an admin process between the probate office and solicitor.
 
Call the probate office for advice, it seems a straightforward estate so you should be able to do this yourselves, we are in the middle of it ourselves now and it has been easy dealing with the paperwork if a little daunting at first.
 
Write them a short letter saying that unless they complete all outstanding matters with 14 days, you will be referring them to the Law Society.

That usually works.

Brendan
 
It might buck them up alright, but you could end up paying for it unless you've a fee negotiated with the solicitor
 
A personal probate application is straightforward enough if you are good at detailed paperwork.

This option may be unavailable to you now as the Probate Office has been dealing with your solicitor in relation to queries raised.
The Probate Office has the authority to discontinue dealings with a personal applicant and direct that the application continue through a solicitor.
As you started with a solicitor and there have been queries they might not now wish to deal with a personal applicant - ask them however.

As far as the solicitor is concerned I would I would follow Brendan's suggestion.
Additionally, I would make plain my dissatisfaction with the service to date and demand to have an explanation as to precisely what work has been completed and what remains to be done.

You should speak to the Law Society now for some general advice as how to proceed with a complaint.
Here is a link to their complaints function https://www.lawsociety.ie/Public/Complaints-against-solicitors/

You are entitled to instruct another solicitor to take this over.
That creates problems as the new solicitor will have to get the papers including the original will from the recumbent incumbent who is your current solicitor.
Even if you could proceed by way of personal application you still need that original will for the application.
The issue of payment of fees will arise as the indolent one will be entitled to payment for what work has been done .
 
MARTYM8 said:
The original probate application was submitted around 3 years ago and the probate office raised some queries in 2017 which the solicitor has apparently not responded on according to their records - although the solicitor claims he did.
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What proof have you that the solicitor responded in 2017? I'd be amazed if he did, and that the probate office didn't acknowledge that reply or raise further queries. And if he didn't respond, would the probate office not have sent a reminder.
 
Bronte said:
What proof have you that the solicitor responded in 2017? I'd be amazed if he did, and that the probate office didn't acknowledge that reply or raise further queries. And if he didn't respond, would the probate office not have sent a reminder.
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Thanks for your and other replies.

The original probate application was submitted in late 2016 but there were some issues with the disclaimers (it included one executor) and who had signed the back of the will. The probate office went back to the solicitor in early 2017 to query these issues - and we saw the correspondence on this at the time.

We had been told by our solicitor that these issues had been resolved and he had gone back to the probate office - but we have been waiting and waiting with endless promises grant of probate will be 'in a few weeks' . The probate office are now informing us (we called them direct) they have not had any response from the solicitor to the early 2017 query - according to their records. We have been dealing with other family matters and ill relatives - so have perhaps not as actively pursued it but we are getting a bit annoyed now as we would like to sell the inherited property!

I do agree both sides are partly at fault - as you say why haven't the probate office followed this up over what are essentially clerical issues? The longer the process is delayed so is the payment of CAT - as the valuation date is the date of grant of probate. I suppose if it carries on past 31 August we do at least get another 12 months to pay the CAT!
 
- Can't delete this
- Can't modify the quote - as in highlighting a paragraph, and hitting delete, but I can if I use the 'back button' which would take forever
- Reply brings in the entire quote
 
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