Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.
Rubbish executor ...and rubbish solicitor?(8 Posts)
Long story short....
My Mum's fiance died Jan 2009 leaving her his property in the will. His nephew is executor. Probate went through around June/July 2009. As it stands today, she still has not had the deeds of the property transferred into her name.
Her solicitors says that there is nothing she can do.....however, could take him to court which would cost in the region of £10,000 which she has advised Mum not to do.
So we just wait? How long? Indefinitely?!
We haven't heard anything from solicitors since Feb this year.
a 9 month silence from the solicitors is not on - ring them and find out what they have been doing since February and why they have not kept you informed.
ClayreMarriott We were told that Mum wold only be contacted if there were any developments, and things would only be done under her instruction to solicitors. Apparently, we are to sit and wait...but enough is enough.
cumfy My Mum. She lived at the property with her fiance which has now been left to her. This was under instruction of the solicitor, and the fact that she's been left the house in the will and she remains living in it has never been disputed.
We're thinking of issuing a complaint to them. When I contacted them in Feb (as I also have permission to talk on Mum's behalf, and this is all too much for Mum to take as it's dragging on), I was rudely told that nothing more can be done other to sit and wait...she told Mum the same when she had contacted them in the previous month. I also mentioned to the solicitor that Mum has been given no information on how much money there is on her account, and I was told to tell Mum "not to worry" What kind of reponse is that?!
Does your mum have any contact with the nephew? Is it possible to ask him? I have learnt recently (since my mum's death) that Executors can slow things down if they want to, is there any reason he would want to?
You say your mum living in the property has never been disputed but was there any unrest/dispute over the will in general?
If not, I'd be tempted to consult another solicitor as I don't understand how it can take 3 years if no-one is being purposefully awkward .
The nephew is being awkward, if you ask me. He was expecting the house to be going to him, and wasn't aware of a more recent will made, naming Mum as the recipent of it.
He's made it awkward every step of the way and only wants to be spoken to through the solictor. He also claims that he does not have a solicitor, but I don't believe that (not that I guess that that is important).
Basically, the deceased's side of the family are angry that my Mum has been left with the property in the will, and it's one of the biggest monetary assests he had. I understand their frustration in part, as they are family and my Mum only knew the deceased for a few years. However, he made the will and left assests in there to whom he wanted....apparently he didn't get on well with his family and only really spoke to his nephew, which is why he named him as executor.
They also didn't know that he changed his will about a year before he died (he died suddenly) and the new will was orginally contested, but later was proven to be valid and current.
The rest of his belongings and other assests (e.g. car, bank accounts) were left to his family. An agreement to the contents of the property was sorted out over a year ago. It's just a transfer of deed that we're waiting for.
Apparently, there is no record anywhere of the mortgage of the property. The mortgage has been paid off, but until this has been proven, the deeds can't be changed. The original mortgage provider has gone belly up, but they can't find who the new company is who hold the records. Surely this must be a frequent issue that comes up? Surely it can't be that hard to track down? It wouldn't take 3 and a half years??! Could it?
We don't really want to go to another solicitor. That would mean Mum having to pay a bill (which she doesn't know the amount of yet!) for no progress. Then would have to pay out initially for the hours it would take a new solicitor to read through all the notes/letters/emails in the case so far. Mum simply can't afford it.
Furthermore, if the solicitors couldn't handle the case, they shouldn't have taken it on. I see it that Mum went to them in good faith that they could help, if they can't, it's not Mum's fault. That's why we're thinking about writing a letter of complaint and then taking it to the Ombudsman if needed.
I do think you need new solicitors who specialise in probate.
They sound absolutely useless.
Apparently these ones do specialise in probate and yes, I think they are useless too.
Don't want Mum to be paying solicitors for a job they haven't done though.
Join the discussion
Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.Register now
Already registered with Mumsnet? Log in to leave your comment or alternatively, sign in with Facebook or Google.
Please login first.