Solicitor holding inheritance

S

Sj7791

Registered User
Messages
23
I recently inherited from my parents who passed away 2020 & 2022. The same solicitor looked after probate, and my subsequent divorce. Probate was granted in October of 2023, and my inheritance was held by my solicitor, whilst divorce proceedings were ongoing, standard practice I'm sure.

The divorce was finally settled this July 2024, and my ex husband stated that he had no interest in my inheritance. We agreed that we will be selling a rental property, and the family home, both close to negative equity, clearing the mortgages and both buying our own homes. My inheritance with a small mortgage with enable me to purchase a house for me & our 2 teenage boys.

My question is, my solicitor has been paid her €25k divorce & €13k probate fee, inheritance tax has been paid, but she is still holding onto my inheritance, giving me small amounts, when I tell her I need it to pay bills etc. It's almost 12 months, with my €300k in her account, and despite the divorce being settled, due to be ruled by court in October, she is refusing to transfer it to me. She claims that I can only have it when I prove I am using it to buy a house. When I did need it to put a deposit on a house (which fell through) she would only transfer the minimum deposit directly to the estate agent, and it was refunded up her when the sale fell through (on the sellers side) is this standard practice?

I am very frustrated that I am being treated like a child, despite it being my money. Holding it for nearly 1 year, and she wanted full payment for the divorce, the day after it was settled.

Any advice welcome. Thanks in advance
 
Sue Ellen said:
On top of delays €13k probate fee seems excessive.
Click to expand...
Maybe not. Isn't it for two probates? And maybe they were complex?
Sj7791 said:
I recently inherited from my parents who passed away 2020 & 2022. The same solicitor looked after probate
Click to expand...
At a glance I thought that the divorce fees were also high but, again, maybe it was a complex/messy/contentious process? And depending on the involvement of a barrister that could also boost the fees.
Sj7791 said:
My question is, my solicitor has been paid her €25k divorce & €13k probate fee
Click to expand...
 
Sue Ellen said:
On top of delays €13k probate fee seems excessive.
Click to expand...
It was a straight forward probate, I also thought it was a lot.... The divorce fees shocked, me more, she said it would be 10-15, and the barrister fee isn't even included in the 23k. They were not very helpful in divorce, I had to chase everything, they delayed unnecessarily, and when I pointed that out due became even more unhelpful
 
You need to write a clear letter / email instructing her to transfer all your assets to you and give her 5 working days to do so. If there’s any messing write a second letter of complaint. If that doesn’t work write to the LSRA and send them the two letters, copy the solicitor on the letter.
 
Sj7791 said:
It's almost 12 months, with my €300k in her account, and despite the divorce being settled, due to be ruled by court in October, she is refusing to transfer it to me.
Click to expand...
Could it be that the solicitor cannot release your money until everything is approved by the court in October ?
 
Sj7791 said:
It was a straight forward probate, I also thought it was a lot.... The divorce fees shocked, me more, she said it would be 10-15, and the barrister fee isn't even included in the 23k. They were not very helpful in divorce, I had to chase everything, they delayed unnecessarily, and when I pointed that out due became even more unhelpful
Click to expand...
In this order
- Get your money back
- complain about divorce fee if you were told 10-15K and got charged 23K (you have a quotation letter?)


Not sure the probate is excessive as it seems it's two estates, you've not clarified that.

Personally I see no reason why your inheritance should be held while you are negotiating divorce. Nor do I understand why it's any of her business what you do with your money.
 
ClubMan said:
Maybe not. Isn't it for two probates? And maybe they were complex?

At a glance I thought that the divorce fees were also high but, again, maybe it was a complex/messy/contentious process? And depending on the involvement of a barrister that could also boost the fees.
Click to expand...
Thanks for the reply, I was shocked too, having been quoted 15k ish, they delayed all responses to the other side, left my emails to her unanswered for weeks at a time, but I didn't know what was normal, I know as a trade they are notoriously slow....
 
Sj7791 said:
She claims that I can only have it when I prove I am using it to buy a house. When I did need it to put a deposit on a house (which fell through) she would only transfer the minimum deposit directly to the estate agent, and it was refunded up her when the sale fell through (on the sellers side) is this standard practice?
Click to expand...
This is bizarre.
 
Last edited:
Sj7791 said:
She claims that I can only have it when I prove I am using it to buy a house.
Click to expand...
Sounds strange but could there have been some stipulation in the will to this effect? Even if there was it sounds like the solicitor should be explaining things better to you.

As for the fees, I think that people are asserting that they're excessive without adequate knowledge of what was involved. Maybe they are excessive but it's impossible to tell on the basis of the information posted so far.
 
Sj7791 said:
but she is still holding onto my inheritance, giving me small amounts, when I tell her I need it to pay bills etc. It's almost 12 months, with my €300k in her account,
Click to expand...

Sj7791 said:
She claims that I can only have it when I prove I am using it to buy a house.
Click to expand...
This is nuts. There is something else going on here.

I seriously suspect that the solicitor does not in fact have €300k of your money in an account.
 
Sj7791 said:
Thanks for the reply, I was shocked too, having been quoted 15k ish, they delayed all responses to the other side, left my emails to her unanswered for weeks at a time, but I didn't know what was normal, I know as a trade they are notoriously slow....
Click to expand...
Thanks. It was one probate, very straight forward, my brother did most of the groundwork....
cremeegg said:
This is nuts. There is something else going on here.

I seriously suspect that the solicitor does not in fact have €300k of your money in an account.
Click to expand...
Hi creamegg, funny you say that, I suspect the same, because I can't see any other explanation for the oddness..... She looked for payment for the divorce less than 12 hours after agreement signed, and it seems my ex paid 12k & I paid 23, I found a sentence in term of business saying if fees are to increase substantially due to any issues etc, they woyld notify me, this was never done :(
 
ClubMan said:
Sounds strange but could there have been some stipulation in the will to this effect? Even if there was it sounds like the solicitor should be explaining things better to you.

As for the fees, I think that people are asserting that they're excessive without adequate knowledge of what was involved. Maybe they are excessive but it's impossible to tell on the basis of the information posted so far.
Click to expand...
Thanks clubman, the will had no stipulation, my brother has his half of the proceeds since October.... Divorce was pretty average, the usual arguments, and she didn't provide a great service, at one stage I had to write a registered letter, asking for an update as she ignored emails, snd the other side were screaming for affidavit etc.... Im just at a loss...
Going to take the advice here and send a strongly worded letter Monday
DannyBoyD said:
Lodge a complaint with Law Society.
Click to expand...
 
You must log in or register to reply here.
Back
Top