Solicitor holding inheritance

[Sj7791]

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

 

[DannyBoyD]

Lodge a complaint with Law Society.

 

[DannyBoyD]

she wanted full payment for the divorce, the day after it was settled

Entitled to fees; but not to hold on to your money.

 

[Sue Ellen]

€13k probate fee

On top of delays €13k probate fee seems excessive.

 

[ClubMan]

On top of delays €13k probate fee seems excessive.

Maybe not. Isn't it for two probates? And maybe they were complex?

I recently inherited from my parents who passed away 2020 & 2022. The same solicitor looked after probate

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.

My question is, my solicitor has been paid her €25k divorce & €13k probate fee

 

[Sj7791]

On top of delays €13k probate fee seems excessive.

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

 

[DeeKie]

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.

 

[Knuttell]

I'd also complain about the fees that solicitor has charged.They appear pretty nuts.

Not sure about the avenue to raise such a complaint, presume its still through Taxing Master?

 

[Des Pondent]

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.

Could it be that the solicitor cannot release your money until everything is approved by the court in October ?

 

[DeeKie]

Get the money back first and quickly. Then complain

 

[Bronte]

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

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.

 

[Sj7791]

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.

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....

 

[Greenleaf]

Could it be that the solicitor cannot release your money until everything is approved by the court in October ?

Then at the very least she should be informed as such.

 

[Knuttell]

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?

This is bizarre.

 

[ClubMan]

She claims that I can only have it when I prove I am using it to buy a house.

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.

 

[cremeegg]

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,

She claims that I can only have it when I prove I am using it to buy a house.

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]

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....

Thanks. It was one probate, very straight forward, my brother did most of the groundwork....

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.

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

 

[PaddyW]

Law Society asap!

 

[cremeegg]

Law Society asap!

+1

The fees are secondary. Telephone then email the Law Society first thing Monday. complaints@lsra.ie