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Probate and solicitors

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  • Probate and solicitors

    Hi all my mum died on 2nd April 2023 and as soon as was possible the solicitors she appointed started probate.
    now I known it can take a long time but as far as I'm aware her finances were in very good order as I helped her with most of them.
    She appointed her partner as executor and so far he hasn't ( or wont) do anything to see how far along we are with it as all he keeps saying is that we will get charged a fee for ringing up or emailing them.
    I obviously cannot ring up as I'm not executor, all I can do is use the online probate checker to see if its been granted.
    I suppose my question is, would be be charged for merely phoning up or emailing to check progress?
    Tags: None

  • #2
    That is possible. Ask the co-executor to look at the 'client care' letter the solicitors should have issued.

    But Probate does seem to be taking several months at the moment.
    Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Unfortunately there is no co executor?

      Comment


      • #4
        Picko77 Are the solicitors appointed in the Will as an executor? Or is her partner the only executor and he has instructed solicitors to handle the probate application for him?
        All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

        Comment


        • #5
          Yes that's what he has done and they are not executors no he is sole executor.

          Comment


          • #6
            Thanks, so as you say the solicitor won't discuss it with you as you are not their client and they owe a duty of confidentiality to your mother's partner.

            I'm afraid every news report I have heard recently gets more pessimistic about how long probate takes. And even if they started work immediately it would be some weeks before they could actually submit the probate application. Information has to be collected to identify and value the Estate. And if IHT is payable that has to be notified and paid to HMRC first before applying for probate and then you have to wait 4 weeks before submitting probate application. So the application may only have been with the Probate service for 3 - 4 months.

            However at some point her partner is going to have to accept the charge the solicitors might make and phone them for an up date. Unless it pops up on the government Probate checker first! I recall that it should appear on the Probate checker within 14 days of Probate being granted.
            Last edited by PallasAthena; 4th October 2023, 11:06:AM.
            All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

            Comment


            • #7
              Sorry, read what I said as referring to the executor. Delete "co-".
              Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

              Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

              Comment


              • #8
                A will was drafted and completed in June 2023 with/through a solicitor. I am the sole executor and the beneficiary of the will (not related by blood with the now decreased, a friend). He deceased in October 2023 due to cancer.
                I made the funeral arrangements and respected his last wishes. A grant of probate was awarded in January 2024.

                Now the estranged 2 daughters of the deceased have made a Nugus v Larke request also claiming that the will is invalid. The solicitor has the duty to respond, but what is the best advice in relation to what I should do next. Thank you

                Comment


                • #9
                  Hi Vjwalter87

                  Please start a new thread.
                  It is confusing to post answers to 2 threads

                  @EXC
                  are you able to start a new thread with this post in the Wills forum?
                  Last edited by Pezza54; 15th March 2024, 17:14:PM.

                  Comment


                  • #10
                    Dealing with probate and the loss of a loved one can be challenging. It's understandable to want to stay informed about the progress of the probate process.In terms of fees for contacting the solicitors, it's best to clarify directly with them. Generally, routine inquiries about the progress of probate shouldn't incur significant charges, but it's important to confirm this with the solicitors handling your mum's estate.If you have concerns about the probate process or need legal advice regarding estate planning, you may consider consulting with an estate planning lawyer Oceanside. They can provide guidance and support during this difficult time.

                    Comment


                    • #11
                      ⬆️ KADMCMI is a spammer and has been reported.

                      Comment

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