Help! Probate, solicitors.

[plimbow]

I've been contacted by a solicitor, via a probate company, about my brother's estate. I'm concerned about having to pay them any money if his assets don't cover their costs. I've had no contact with him for many years, but I'm fairly sure he won't have left much. There's a clause stating that they will stop all work if it looks as though there's not enough money to recoup their charges.....which are considerable.

Does anyone know how this works? I'm very wary, no knowledge of the law really and I'm getting letters from his local council requesting money and the name of the solicitor dealing with it all.

Any information would be really helpful before I sign anything.

You won’t have to pay the solicitors as brothers estate would do that, even if there isn’t enough money it doesn’t become your debt. Re Council just send them solicitors details again not your debt.

I don't think these outfits get instructed unless there's a reasonable chance their will be enough to distribute after their costs have been covered.

Surely if you engage with them they'll answer questions about the amount in the estate and their charges.

@TheMerryWidow1 & @Bromptotoo Thankyou for your helpful posts.

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@plimbow It sounds from what you say that your brother has recently died and that, perhaps, you have not been in contact with him for a very long time.

A probate firm would only be in touch with you in that case if he was not married, did not have any children, your parents have passed away and he had not made a will.

If this is the case, then you can claim his estate yourself and you do not need to pay this company anything or agree for them to take any money out of the estate before you receive your brother's inheritance.

There is a guide from the government, link below, on how you can do this yourself. Presuming that your brother lived in England or Wales when he died then this is what you need to do:

https://www.gov.uk/unclaimed-estates-bona-vacantia/make-a-claim-on-an-estate

They say:

Evidence you need

You’ll be asked to send a family tree showing your relationship and 2 pieces of identification:

• one showing your name
• one showing your name and address, dated within the last 3 months

There's a good explanation of how it all works here:

https://www.thetimes.co.uk/money-mentor/wills-probate/what-bona-vacantia-deceased-estates

@Another2Cats Thankyou for that very detailed information. I will look into it carefully.

Are you sure the probate solicitors are not acting because your brother named them as executors often where family are not close a deceased will name a professional to act. They might just be contacting you to ascertain who the beneficiaries are

You have not said when he died but you can check probate records online https://probatesearch.service.gov.uk/

Re the council make it clear to them that there is a solicitor dealing with the estate the council should then send any correspondence to them not you

You need to find out in what capacity they are acting. Did your brother appoint them as executors of his will? In which case you wouldn't be liable to pay anything.

Or did he die without making a will (intestate) and the company is one of those heir hunter companies who trace family members who are entitled to inherit his estate? Sometimes more than one company take on that task and they "sign up" the family members they trace, in exchange for, I think, a percentage of the amount they inherit. Try Googling to read more. And as some PPs have said, you can check it yourself and apply without using a company.

How do the council have your details to write to you about your brother?

What are the council asking you for money for?

As others have said, you need to understand exactly who instructed the solicitors. Don't sign anything or release any information until you know what the situation is.