Probate issues

[Ann-m-w]

Hello, my name is Ann, we sadly lost a relative and as a result his estate went to probate, in the will there are bonds,shares money and a house, everything has been given to those named in the will, the house and money however have not, that being said the money and the house have only one named as the recipient in the will which is me as the only living relative.

Here are my problems, firstly probate has not been granted so how can he pick and choose what to hand out, and the uncle passed away three and a half years ago and as there are no complications as there is only one person down to inherit for the rest of the will there are no logical reasons for the length of time, each time we call him he states he is waiting for an email, he has been saying this for the last two years out of the three and a half year wait.
Please I need advice.

[dslippy]

Do you mean that the residue went to you?

Write to him (an email is fine if you keep a copy), and suggest that unless he gets a move on, you will apply to court.
Be careful not to underestimate the costs involved.

[Ann-m-w]

Thank you for your response, nothing in the will was left to me other than the house and the money, ALL other items on the will have been distributed amongst the beneficiaries named in the will, every one of them live local to the solicitor, and I live five hours away. And yes we are still waiting for probate, although I don’t believe for one second an email takes years to get he is very aware that the journey to see him is impossible and he knows we don’t have the funds to make him, and for whatever reason is refusing to budge by saying this email he is waiting for can take years…..it’s been three and a half years so far.

[dslippy]

If you are still waiting for probate what do you expect him to do?

[Sam101]

Nothing should have been distributed before Probate was granted. If an application has been made, then contact the Probate court and explain your position, asking for guidance. If there is a solicitor acting as executor (you have not said who are the executors) then you could make an official complaint against the solicitors, but contact then first of all to say this is your intention ad see what their reaction is.