Will still not paid out

[cjc1867]

Hi
My mother died of secondary lung cancer on 21st September 2019.

My older sister was named as the executor and one of the beneficiaries.

During the 2nd week of mother being home she demanded to see her solicitor as she wanted to make some changes to her Will. My older sister and myself were added to the Will as she thought it wasn't right that we got nothing.

At the same time, I was there trying to look after her and my older sister was 170 miles away. After seeing the Solicitor, mother told me what was going to be in the Will.

Older sister was travelling down on the day she died. I mentioned the Will and that we were included. When the Will arrived, my older sister hid it and wouldn't let me see it as it was addressed to her. Both my younger sister and I had to request a copy of the Will when we shouldn't of had to. This is when the problems started.

Since I lived 7 miles away I had my own keys and my older sister had the spare ones when she was down. She hasn't visited he mother at this house before and mother lived there for 10 years or so. One day going up to check my inheritance I found that all of the locks had been changed.

I questioned this to the solicitor and he lied to me by saying it was for security reasons. This carried on for several months and I always brought it up that the locks were changed because I had a set of keys and this time he replied yes that was the reason so why couldn't he have told the truth in the first place?

Older sister spent time at the property, sorting out mother's belongings and was getting them ready to send back to hers. At the time I didn't want to take anything as I didn't have the space and I had my belongings there anyway when I moved down so I took my belongings.

I emailed the solicitor that now my older sister has now got the only access to the property that an inventory should be made so that the larger items including the likes of ornaments were accounted for and didn't go missing. These items would then be sold and money divided. No inventory was ever made and I believe items have been taken by my older sister and this solicitor has let her do it.

When the house was put up for sale, one photo showed that the study had been ransacked and mother's PC, printer etc were missing. Again solicitor won't answer me over this.

Solicitor hired a Removals guy to empty the house and the guy's invoice shows that he was instructed to dispose of the items. He charged £1200 for 3 and a half days work and again no explanation where mother's items went. I believe that maybe this person took all of the belongings up to my older sister's and nothing has been mentioned yet again. On the Final Estate Accounts, no extra money was added to my personal account and I know both sister's took mother's belongings.

I highlighted this to the solicitor and now he says he will have to adjust the figures. Why did he think I would be alright with this when I have been lied to, ignored etc?

He's paid himself £15k plus VAT and doesn't really want to carry on with actually finishing the job. I have spoken to the 'Solicitors Regulation Authority' as I think they need to further investigate this further. After paying himself, he's paid himself again another £2400 including VAT and no mention why.

It doesn't take over 2 and a half years to pay out and he's not paid me nothing yet and I believe he is just twiddling his thumbs doing nothing.

So what else can I do to get him to come up with my answers he won't answer and finally pay up?

Colin

[cjc1867]

Bit long winded above but I could write more.

Mother had savings in a bank account when she died so where does this money go when her bank account was closed down?

I want to know the date when this was set up and was the money from the sale of the house also went into the same place.

Because of Covid I think this money has been used elsewhere and that is why the Will hasn't been paid out.

Can anyone address this situation please?

[Sam101]

Have you actually made a formal complaint to the solicitors? That would be the only way forward to the regulatory authority to be involved, they will not take any action if you have not initially made the complaint and given sufficient time for the solicitors to reply. You should have been told this by the regulatory authority when you contacted them and they may have sent you information on how to complain

Were the solicitors alone appointed as Executors, or were you and your sister also appointed?

As a beneficiary you are entitled to see the statement of accounts, but as the estate has not yet been finalised, this may be premature. It certainly sounds as if it needs investigating.

[cjc1867]

Hi, thank you for your comments.

All they had to do was to sell the house, cash in the investments, set up a Trust Fund and then payout. 2 years and 8 months later we are still waiting.

I sent the Solicitors a letter of complaint yesterday 4th May 2022 so let's see if they stick to their complaints procedure.

Yes, SRA told me to send a letter of complaint first and then fill out their form with evidence. I dealt with this solicitor via emails which should have been easier but he has a habit of not answering my queries.

At one point he said he wasn't receiving my emails so I signed up with a notification service called 'Get Notify' and that tells me when he opens the emails and how many times and on what device. His latest trick now is that my emails are blank but when he replies from my original sent email my written content is there, so how can it be missing?

15th November 2021, he sent the Statement of Accounts or as he puts it Estate Accounts of money coming in and out. At that time I made a number of queries and they remain unanswered. I did request the invoices but they were very vague with what jobs had been done and why they were done.

I have now the Final Estate Accounts and again I have brought up my original queries plus some others. Again he has had time to respond and yet he is using delay tactics.

I have told him I will be reporting him to the SRA, he now wants to deal with them separately but why?

I want all of the dates to see when these delays were caused and maybe what caused them.

Mother died: 21st September 2019

Grant of Probate: 4th August 2020

10 months and 2 weeks delay, he said it wasn't caused by Covid but when did he actually apply for Probate and why did it take so long?

House sold and finalised 11th August 2021

Younger sister needed a Trust Fund setting up and that was about October 2021 but the person who was setting it up requested a copy of the Will for 2 weeks and in the end I sent him a copy.

House sold in August 2021 and in October he is now sorting out the Trust Fund, again another unknown delay. Their website says 6 months depending what needs doing, well that isn't 2 years 8 months.

Mother had investments of £150k and they were valued about £185k at November 2021, now £179k due to this mishandling and delays caused by this solicitor.

Colin

[Sam101]

Thank you for the reply. As you have sent a letter of complaint the solicitor is duty bound to deal with the complaint in accordance with the rules of the SRA. He also has to inform his practice insurers and you should receive a reply setting out exactly what he is required to do.

Make a careful note of all your facts and details in order and let us know when you receive the reply.

You did not say if the solicitors were the sole executors or if others were appointed, but as Probate has now been granted it's far too late to put a stop on the proceedings, which could have been done.

Can you clarify the 'Trust Fund' you mention?

[cjc1867]

My older sister was appointed executor.

My younger sister has Cerabal Palsy and lives in Care Home and if she received her 50% inheritance then her benefits would be effected. A Trust Fund was set up so that didn't happen.

So far it appears he has done nothing in respects of answering my queries.

Colin

[cjc1867]

Just spoke to this solicitor about mother's belongings and basically what the removal guy took weren't worth anything.

House sold for £325k, Investments cashed in at £180k, total value £505k plus and all of my mother's belongings were deemed to be worthless.

Older sister changed the locks, denied access to the house, solicitor turning a blind eye...

Colin

[Sam101]

Solicitor just working for the executor who is legally responsible for administering the estate. Solicitor need not reply to you so unless you can prove any wrong doing you have to be satisfied with the executors information. If not you should consult your own solicitor.