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Legal matters

Can anyone contact the solicitor dealing with a will?

7 replies

qualitystreetrosescelebrations · 28/11/2010 22:31

Background
A relative of my dh sadly passed away in June.

Their estate is to be divided equally 5 ways. There is not much in the estate at all, nowhere near IHT, and no property to be sold.

Dh is not executor, another relative is.

Last we heard, was a letter from the solicitor, confirming amount of estate, and advising that they were applying for probate. This was dated 31 August.

Now the only elderly relative who physically and emotionally was the closest person to the deceased, was my dh's eldery and ill father.

It is bothering him that the estate has not been settled, and due to him having free time to sit and worry, he's getting himself upset over this. But won't phone the solicitors.

I told DH to call solicitors and just see what the situation was, and if any date could be given, so we could tell FIL so that he doesn't worry, until that date is close. However, dh says he can't as he's not executor of the will, so solicitor won't be able to tell him anything. Is this correct? As beneficiary of the will, is he not entitled to enquire on progress of the will?

Also, would anybody be able to advise me of a time frame, based on the very loose information in this post, or is it very much a case how longs a piece of string?

OP posts:
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WestVirginia · 29/11/2010 09:29

If probate has been granted you can get a copy of the will from the Central Probate registry. That at least would confirm that the solicitor had moved forward that far.

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Gonzo33 · 29/11/2010 10:46

Even if he couldn't get a date from the solicitor I suspect the solicitor would write to your fil and advise him just to put his mind at rest.

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PermaShattered · 04/12/2010 15:12

The executor has a legal and administrative duty to the beneficiaries and so the executor/s should keep him uptodate with how things are progressing.

That said (and i speak from experience as a solicitor in this field) any such solicitor worth his/her salt will, if phoned by such a beneficiary, will give him a brief update for peace of mind. If, however, the beneficiary, is awkward then he should be advised to take his own legal advice. Hope that helps?

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WestVirginia · 04/12/2010 16:25

How could the beneficiary possibly be awkward?

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PermaShattered · 04/12/2010 18:18

expecting legacy too soon; saying solicitors/PRs not doing job properly and threatening complaint; saying he's owed more than what's promised, etc, etc, etc....

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WestVirginia · 04/12/2010 18:55

That is no way to handle "awkward" customers. It is possible that the solicitor is being slow.

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PermaShattered · 06/12/2010 18:53

West Virginia: that's the only option. They're not a 'customer' or, indeed a client anyway, so if they're not happy the solicitor has only one option but to advise them to take independant legal advice.

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