Will. Money being withheld?

[Dickanddom]

I’m wondering how long a will takes to be settled in England. No property to sell. Probate took a year. It has been 2 years since it has been granted. The solicitor told us not to contact them at the beginning but I’m starting to worry that something is amiss. Is it normal to take this long? I don’t have a good relationship with the executor so cannot ask him. Huge thanks

I would email or write to the Solicitor direct and say despite you contacting them on various occasions, you haven’t received a response, if you do not hear from them in the next 14 days, you will be contacting the Law Society to report this. Some Solicitors are lazy, not all clients accounts pay interest. I would also be worried about Solicitors fees escalating over 3 years, so would also ask to see Statement of Account for the Estate.

Could you give more details re the contentious probate you dealt with? I'm currently having to go to court for an order for sale.

Sure. The will was challenged as a daughter wasn’t in it. She tried to claim duress/undue influence, and then said the signature was false, and then that it hadn’t been witnessed… it was all based on speculation but she put three caveats in from memory. It was thrown out and she paid our costs. This was a very long time ago though!

3 years is way too long. Whatever problems you have with the executor you're going to have to put it aside and get in touch with them.

Solicitors can and do benefit from it, I've been the client manager arranging it for them. Solicitors will realise the estate into a client account and must pay reasonable interest to the client when they distribute, but if they can do better than reasonable interest in the pooled balances, they keep the difference.

Finally received a reply from the solicitor mid January who said they were ready to distribute the estate, however, they had been unable to contact one beneficiary so were unable to go ahead. Radio silence since then.
Spoke to the executor last week who said the money will be sent to the treasury if it isn’t distributed soon. I’m not even sure this is true and I’ve completely given up on it now. The whole thing feels disrespectful to deceased and has prolonged my mourning.

I don't get why it would go to the Treasury? I think I'd contact a solicitor now.

If they can’t contact one beneficiary they would just hold that money, it shouldn’t hold up other beneficiaries receiving. Something stinks here op.

You need to get a solicitor/barrister to contact whoever is dealing with this and insisting partial pay out at least.
They will be much more likely to react if another lawyer is on the case.You can look up on the Legal 500 or Chambers and Partners for your area and lawyers who specialise in wills/ private investigations etc. You will be able to see the best/ most recommended in your area.
A barrister contacting them should put the fear of God into them. You can get a quote from the Chambers for their fees etc. before you go ahead. (They may well be cheaper than a solicitor).

That sounds really odd. My understanding is that it would only go to the Treasury (the Crown) where there was no will and no relations were traceable. Bona vocantia. Clearly not the case here. Agree you should go and see a lawyer and write a formal letter. Also consider whether a complaint to the SRA might be appropriate.

Re your last post OP
The executor is wrong

If one beneficiary can be found but others cannot, the executor or administrator must take ‘reasonable steps to locate the individual’
before finalising the estate.
The administration cannot be delayed indefinitely, but directly distributing the missing persons' shares to the found beneficiary without legal protection can make the executor personally liable for the missing amount

You need to put this in writing to both the solicitor and executor.

Basically
Once exhaustive searches have been completed without success, ( several methods and worth googling OP )
the executor has several options to proceed, often involving legal advice:

1/ The estate pays a premium for a policy that covers the cost if the missing beneficiary reappears later.

2/ A court order is obtained that allows the estate to be distributed on the presumption that the missing beneficiary has died. This protects the executor

3/ The found beneficiary receives their share but signs a legally binding agreement to repay the funds if the missing beneficiary is found.

4/ The share of the missing beneficiary is set aside in a trust or special account, allowing the rest of the estate to be distributed.

5/ If other options are not viable, the funds can be paid into the Court Funds Office

"Spoke to the executor last week who said the money will be sent to the treasury if it isn’t distributed soon. I’m not even sure this is true and I’ve completely given up on it now."

No, it isn't true at all. Whoever said that to you is a lying liar.

An executor can distribute the estate to the beneficiaries before locating any missing beneficiaries and what they do with the money due to the missing beneficiary depends on what the will says.

So the executor can, for example, keep back a reserve fund to pay the missing beneficiary if they turn up within 12 years of the death. That doesn't stop them paying out the other beneficiaries.

However, the executor must also make "reasonable efforts" in searching for the missing beneficiary. This will include advertising in newspapers, instructing genealogy companies who specialise in locating beneficiaries (remember the old TV show "Heir Hunters"?) and instruct specialist tracing agents to locate them.

If the executor does not do this and the missing beneficiary turns up within 12 years then the executor can become personally liable to pay whatever is owed to them.

Frankly, you really are being given the runaround here. If he will not pay you your share of the estate then you really do need to get a solicitor involved.

Don’t give up!!!!! This is ridiculous. £50k?? Of course it’s disrespectful, you should make a complaint about the solicitor - once you’ve called every day until the money gets to you.

Put it in writing now to. Complain as they are bull shitting you. And make sure you get your share of the interest. Don’t be such a drip to let £50k plus slide away.

Time to get your own solicitor to sort it out?