Other solicitor failing to respond

[FailFaster]

My dear dad died at the start of the year. He has 3 girls from his first marriage (including me) with my mother and then remarried to a lady with two adult dc. One of these adult dc and his second wife are executors. Us three girls have appointed a solicitor who has repeatedly requested a copy of the will. The 'other side' have appointed a solicitor who hasn't responded at all. It's been several months. The will was read to us very shortly after dad died, but we haven't seen it. We'd love to move things along. How can we do this?

Sorry for your loss. Do you know why they have appointed a solicitor if they are executors. Who read you his Will, are you and your sisters beneficiaries. We didn't get a copy of a Will until Probate was granted but they are available online after a while.

If they've obtained probate, you can get a copy of the will from the Probate Registry. The executors should start distributing the estate 12 months after your father died. If they do not do so, you can take action to force the matter.

Apologies - I should say this is Scotland. I think it makes a difference with probate? I'm not sure why they have a solicitor: I think because they don't know what they are doing? My step brother read us the will and we are beneficiaries. It also involves a business.

If the estate requires a Grant of Confirmation then the will becomes publicly available along with the estate inventory, once Confirmation is issued. Presumably your solicitor has explained/discussed this aspect with you and you have some expectation as to whether Confirmation is anticipated.

Thank you. Our solicitor has said he can't do anything until he receives a copy of the will, which he has requested several times. So frustrating, as it's not even acrimonious. We get on ok with step-brother, but he is away a lot and not sure he has the time to handle anything.

If you have a good relationship with your stepbrother does he have a copy he can give you or ask the solicitors to send your solicitor a copy. Why does your solicitor want to see the Will.

We have asked step-brother a couple of times and nothing has happened. Our solicitor says he can't do anything until he sees it, which seems to make sense, as otherwise, would he know what to do?

Although it's not acrimonious, it's also not super friendly! We would only see him very occasionally, maybe once every few years.

The other solicitor will only take instruction from the executors, you are not their client. So it might be that the executors don’t want you to see the will.

You will have legal rights (legitim) depending on the size and make-up of the estate. If there is a will and there is a legacy for you, then you can either have your share of the legitim fund or your legacy.

Do you have any idea how much might be at stake for you?

If your father died at the start of the year then it is possible that Confirmation has already been issued (if indeed it is required). Is the estate one that will need Confirmation? Has your solicitor established whether Confirmation has been issued or not? Has your solicitor considered whether issuing a caveat is worthwhile? Has your solicitor checked whether the will has been registered in the Books of Council and Session?

Is there any possibility that you are being misled and there is no will?

Lack of information and engagement might be a warning signal, your call on this one.

@nosalt Thanks so much for your reply. Looking up what 'confirmation' is, I gather that yes, it will be required.

Our solicitor hasn't done or advised anything, other than that these things can take years and he'll need to see a copy of the will, which he's requested. I'm not sure he is particularly effective, but we seem to have inherited him through the family!

There definitely is a will, as we were offered to view it, but instead had it read to us some months ago shortly after dad died. We are named in it to inherit a business, which is tricky to run without having ownership transferred. I will look up the Book of Council and Session. If there isn't anything registered there, what do we do next?

I'm so grateful for your help.

A solicitor who is engaged to deal with executry, and where Confirmation is required, normally registers the will in the Books of Session and Council and then uses an extract to apply for Confirmation. Perhaps your first port of call is to establish whether Confirmation has been issued because the will (or extract) forms part of the publicly available record of Confirmation. (see SCTS website).

And there are always the costs to consider.

@nosalt Just an update, I've run a search in the books of council and session and nothing is coming up. So, I presume confirmation hasn't been issued yet (10 months after death). There's a business involved and it's tricky to run it, know what we're able to do, not able to do (i.e. building repairs). Are there any steps which can quicken the process when a company is involved?