trouble with beneficiaries

[Peridot]

Hi,

You do need to ask your solicitor about that. I believe the Court could sign on someone's behalf if they refuse although the cost of going to Court, explaining the situation and ensuring all the wills and Deed are unravelled and interpreted in the same way as you would wish them to be, ie following the deed of agreement and not exploring too deeply whether this is separate from your mother in law's bequest of her share, could be problematic.

If at all possible the final person needs to be persuaded to sign. See what options your solicitor gives you and pop back here. We can walk through the options, before a final decision on the next steps is made.

When do you see the solicitor again?

[HarveyH]

Hi Peridot,

We see the solicitor middle of next week.

Many thanks for your help once again.

[HarveyH]

Hi Peridot,

We have cancelled the meeting for tomorrow with the solicitor because we have informed them of the fact that the sibling only rents a shop on a weekly basis and is only on a week's notice and therefore can wind up her business quickly and not what she has told them. We have asked why does she have to wait until the conclusion of this business before signing the papers, which she has had for over 4 months? We have asked the solicitor for answers and therefore as she only returned from holiday on Monday wouldn't have given her enough time to get answers from the sibling. Who in business only does one thing at a time and no access to a computer and email, as this sibling purposes?

Have heard again from niece and all will be done with her by end of next week. Then that will be three down and one left.

Many thanks

[Peridot]

Thanks for the update HarveyH Fingers crossed things start to head in the right direction. Do keep us posted.

[HarveyH]

Hi Peridot,

Many thanks for the help you have given, will keep you informed of progress or otherwise

[HarveyH]

Hi Peridot,

Nothing has moved since my last contact with you. Niece has started her new job and has had difficulty in posting papers to our solicitor but has signed them ready to send, so, a little more forward.

Our solicitor hasn't replied to my emails asking about moving forward. Last email sent was 8 days ago.

What do you suggest.

Best regards

[Amethyst]

Ahh I think you have another thread with replies on, I'll find the link for you..

http://legalbeagles.info/forums/foru...-beneficiaries

That is your main thread so you can make responses on there. I'll copy your message to that thread for Peridot

[Amethyst]

Update from HarveyH


Today, 12:06:PM

Hi Peridot ,

Nothing has moved since my last contact with you. Niece has started her new job and has had difficulty in posting papers to our solicitor but has signed them ready to send, so, a little more forward.

Our solicitor hasn't replied to my emails asking about moving forward. Last email sent was 8 days ago.

What do you suggest.

Best regards

[Peridot]

Hi HarveyH,

Well it sounds like the delay with your niece returning documents may be justified. Knowing how it is when changing jobs everything else flies out of the window until you've settled in a bit. Maybe just an occasional gentle nudge to remind her.

I suspect your solicitor is playing catch up after their holiday, although I would at least have expected an acknowledgment from them. Maybe a not so gentle nudge for them! I know it is frustrating but you need to keep the pressure up, so that things can be finalised.

Have faith, you will get there.

[HarveyH]

Hi Peridot,

Given niece a nudge and trying to do same with our solicitor with phone calls and emails. Phone calls are answered by 'will phone you back' emails not answered. If tell solicitor to go and play elsewhere, she has a clause which states that she can charge a £200 per hour for time spent and additional expenses. Would say 'Got Ya'

Will see who gets tired first. The alternative is to speak with one of her colleagues but seeing that she is a director, same as other are, would be on sticky wicket.

Best regards

[HarveyH]

Hi Peridot,

Pestering solicitor worked as we have had a letter from her informing our Niece has sent the papers, we will prepare cheque for her next Tuesday. One more down and one more to go.

The last sibling is still insisting that she has not concluded her business and will sign papers afterwards. Have informed solicitor that there is no business to conclude as shop has been empty for weeks and the shop wasn't her's to sell, she was only renting on a week by week basis. Have asked solicitor if we should start court proceedings against an 'uncooperative beneficiary', who has had 5 months to sign two papers which we need to proceed to complete change of deeds and complete the Will. Our Solicitor could inform sibling of what we propose and give her 10 days or so to respond before proceeding.

Do you think that this is the best way to go or what would you suggest?

Best regards

[Kati]

and more replies

Hi Peridot,

Given niece a nudge and trying to do same with our solicitor with phone calls and emails. Phone calls are answered by 'will phone you back' emails not answered. If tell solicitor to go and play elsewhere, she has a clause which states that she can charge a £200 per hour for time spent and additional expenses. Would say 'Got Ya'

Will see who gets tired first. The alternative is to speak with one of her colleagues but seeing that she is a director, same as other are, would be on sticky wicket.

Best regards

Hi Peridot,

Pestering solicitor worked as we have had a letter from her informing our Niece has sent the papers, we will prepare cheque for her next Tuesday. One more down and one more to go.

The last sibling is still insisting that she has not concluded her business and will sign papers afterwards. Have informed solicitor that there is no business to conclude as shop has been empty for weeks and the shop wasn't her's to sell, she was only renting on a week by week basis. Have asked solicitor if we should start court proceedings against an 'uncooperative beneficiary', who has had 5 months to sign two papers which we need to proceed to complete change of deeds and complete the Will. Our Solicitor could inform sibling of what we propose and give her 10 days or so to respond before proceeding.

Do you think that this is the best way to go or what would you suggest?

Best regards

[Amethyst]

Peridot
I'll merge your threads together for you Harvey xx

[HarveyH]

Many thanks.

[Peridot]

Hi HarveyH,
good to see things have progresses, if a bit slow. So frustrating you’re stuck between a rock and a hard place dealing with the last beneficiary. You can’t move forward without the signed papers to get the property transferred.
I think another solicitors letter wouldn’t go amiss. Worst case scenario the courts can be asked to sign paperwork if someone refuses without good reason although this of course increases costs and also allows her to mess about some more, delaying things further. It can of course be threatened but you’d be best placed to know whether it would push her into acting?
I would suggest getting hold of the solicitor again, establish what options you may have, check the cost of each option then send a letter from the solicitor threatening her with the option you think may invoke action. You don’t of course have to follow the advice in the long run but may rattle the cage a bit and get the result you want.
It may also be worth saying you will be deducting the cost of the solicitors work in trying to get the documents dealt with, from her share.
Hope this gives you some more ideas.