Probate delay and mysterious fees

[LawInMother]

My (lovely) mother-in-law hired a solicitor after her DH’s death in March 2021. He was to be in charge of executing the will and the probate as well as arranging lasting powers of attorney for her children.

The solicitor still hasn’t completed the work so the probate is still ongoing. More worryingly, when my mother-in-law had asked him in the beginning how much it would cost, he said that he wouldn’t know until the end and “that’s not the way he works”. Her late DH had chosen the solicitor so, especially while grieving, she wasn’t in a position to press him further.

As the solicitor doesn’t return her phone calls, she is getting worried about when the process will be completed and if he will present her with a ridiculous bill (for doing too little, too late).

Would you have any advice to speed things up? Is it even legal to avoid explaining costs? That part doesn’t sit well with me…

I would expect the costs to be a percentage of the estate, so until the estate is valued the costs won't be known.

Thank you ChicCroissant, that’s very helpful! Shouldn’t he have told her that though?

Was he named as executor in the will? Is it a complex estate? Do you know where he is up to?

Fees/ the method of fee calculation should be explained up front.

Thank you CorrBlimeyGG, that's what concerns me too. Particularly because it has already taken eight months - and no, it isn't particularly complex, it is a house and some modest savings. I wonder if she can even fire him (for his inaction) or is he will then charge her even more. Making financial decisions while mourning doesn't make anything easier, does it...

I'd* be writing to the managing partner outlining your concerns. You've not been given any breakdown of costs, and you've had no update as to where you are in the process.

Important to check who is named as executor in the will.

" Write a letter for your MIL to sign if she's not feeling able to manage it herself.

Thanks again CorrBlimeyGG, the (absent) solicitor is indeed the executor and I have now passed on your great advice to my mother-in-law, that she should write to the managing partner.

Probate can take a while. What did it say in the client engagement letter In regard to fees and billing? You can ask for a review of the work done so far and costs to date.

The executor has 12 months from the date of death before they have to distribute the estate. This allows time for them to get all the required information together, check for debts and any possible claims against the estate.

@LawInMother

Thank you ChicCroissant, that’s very helpful! Shouldn’t he have told her that though?

Your FIL would have been aware of the charge basis when he appointed the solicitor as executor. When the estate is distributed to the beneficiaries they should get a breakdown of the estate then.

Bear in mind that your MIL has not hired the solicitor as executor, the solicitor is acting for your FIL and the estate.

Unfortunately this is an easy ride for any lazy solicitor with a propensity to overcharge. The client is now dead and can't chase or complain about fees. Your mother in law is not the client and is not paying the bill, and doesn't have a whole lot of influence.

Moral of the story - don't appoint a solicitor as executor. Appoint a family member (ideally the main beneficiary) as executor on the basis that they will use a solicitor to do the work on their behalf, and pay the fee from the estate. Then they have some leverage over how the job gets done, and can sack the solicitor if necessary.

Unfortunately my experience of probate is it takes a long time.

I am not a lawyer but something strikes me. Even though her late husband appointed the solicitor, is she not entitled to see the fee structure that was agreed? If not, surely it would be basic courtesy to show her the document? The fees will be shown at the end so it can't be confidential.

When I needed to push the solicitor along, I politely pointed out that as a whole family - me, my family, my sister and hers, and my olds - were all going to need solicitors. It did seem to remind them the job was there!

That said, they have no control over how long probate takes once they do their bit.

Thank you to all those who poster an answer, it’s quite sad to see how callous the man is - not for being late but for ignoring her messages.

Oh dear, typo - posted an answer

If the house was jointly owned and savings only modest she probably didn't need to seek probate at all. I dissolved my late wife's estate last year without it. House jointly owned so I arranged for a solicitor to have her name taken if the title deed. Savings were with several different banks, in each case below the limit that requires probate. She had also written awill.leavibg everything to me. All very easy.

Thank you Joystir59, I’m sorry for your loss and hope this will be an easier year for you.

My father passed away in Aug 2021
And I’ve received probate last week it took 7 weeks from when the forms were sent in
I used a firm called Farewill and it’s cost £750 inc the probate fee and 7 probate certificates
They have set fees for probate depending on what they do .
Executors I believe can take what is called the Executor’s year to finalise an estate which might be what this one is doing
The company I used were brilliant I got weekly emails updating me on progress