Delays in settling an estate

[Teyeagle]

I’m rather confused as to why my mother’s estate (property sold last year) that the beneficiaries have yet to be paid out.

For background, my mother’s estate was relatively simple with just bank accounts and a single property to sell which was duly sold last November 2024. Since then, the solicitors acting for the executor have continued to push back on any requests for making an interim payment. Although my mother’s estate incurred a CCJ before she passed there is nothing else that I am aware of that could potentially be outstanding. I have finally seen the interim accounts which don’t make good reading as the executor has included any expenses as opposed to “reasonable “ expenses but to he honest I just want this matter finished so I am prepared to ignore the removal of jewellery and abuse of her position with regards to reclaimed expenses.
Having seen the interim accounts it is also apparent that the executor has drawn down 2 loans to Provira £40k for her own benefit.
therefore I don’t understand why she has done that when there is money to be disbursed from the settlement of the will.
perhaps those with a better understanding of this subject would be willing to give their views and offer some advice on a way forward !

[Pezza54]

How much did the property sell for?
Do you know if the estate has received the sale proceeds? Rightmove and estate agents usually say the property is sold, with stc (subject to contract) in small print

It is not unknown for rightmove to leave a "sold" property on their website for 6 months and then remove the word "sold" when the sale falls through

[Pezza54]

I recall you stating in your 1st thread that your sister removed a five figure sum of money from your mother's bank account the day after she died. Do the interim estate accounts record this money taken from the estate?

[atticus]

Have you asked the solicitor for a likely timescale?

They may be waiting for the expiry of the 6 month time period for replies to statutory notices for claims against the estate.

[Teyeagle]

The Solicitors have been telling me since before Xmas that they were preparing accounts and looking to make an interim payment.

whenever they respond to me they are evasive and do not give any timeline other than “soon” “working on” etc

My mothers home was sold November 2024 and there was nothing complicated about her estate.

There was a CCJ against my mother £10k which was approved by the courts, although my sister has spent significant amounts fighting this, I understand that this figure has still not been settled. Is there a timelimit for when a CCJ should be paid by ?(granted Oct 2023) This is the only issue I am aware of that might be delaying matters and believe that my sister is refusing to pay this off.

The £10k removed from my mothers bank did appear in the interim accounts along with £8k legal fees.

I issued the solicitors with a letter of intent last month which finally generated the interim accounts. These contain some questionable items (cleaning an empty house £3.3k) there was also £40k loans from Provira that my sister had drawn down, £20k for her own account £20k for expenses which is why I find it strange that the estate has not been paid out but right now I just want the matter done, or should I be looking to re-appoint my solicitor?

Thanks all

[Teyeagle]

For information, home was sold for £450k and estate was below IT threshold

[Pezza54]

IMO the sums £20k for executor expenses, £3k for house cleaning, £20k for your sister executor's own account are over the top and you should write a letter querying them

If you don't receive a satisfactory response you should consider appointing a contentious probate solicitor

You have already decided not to challenge the new will made 10 days before your mother's death, after a consultant had stated she lacked mental capacity

[PallasAthena]

Surely the 20k for sisters own account should be treated as an advance part payment of whatever she is entitled to as beneficiary?

And the £20k for expenses needs to be matched against actual expense items paid out and if those come to less than 20k the surplus returned to the residual estate.

The 3.3 for house sounds pricey but if there was a lot to be got rid of and a professional house clearer was used, and if it also covers getting cleaners to make it spotless for viewings, and possibly garden tidied up as well, I can see how it could get to 3.3. Depends how big the house was of course.

[Teyeagle]

So to clarify £20k has been advanced to my sister via Provira (loan company) and has been deducted from her share of the estate.

£20k was for executor expenses of which £14k was for “expenses” including £50 pw to her friend for cleaning a 2 bedroom bungalow totaling £3.3k. there are various items which are not detailed and seem spurious including other legal advice and transcript services and £1.2k for eBay, Amazon and Home bargains purchases amongst others all with very little detail. I suspect that she may have been living at her mother’s home but then that also raises the question of rent.

As my sister has always had limited funds, I am surprised that she has not been pushing for at least an interim payment as with her history £20k will be quickly frittered away. Which then leads me to thinking that it is the solicitors who are delaying matters. When I asked them if they were comfortable with the expenses put forward against the estate they said that wasn’t their responsibility to review but if they are not reviewing the expenses what else can they be holding back for?

Naturally they won’t divulge any information to me as a beneficiary but is there a legal timeframe/limit for when a CCJ should be settled? As this has been in abeyance since Oct 2023 as I can’t think of anything else which could be delaying matters unless they are in fact disputing some of the “expenses” as not reasonable?

previously in March 2025 I issued the solicitors with a 21 day notice of intent which generated the interim estate accounts the following day. Would a repeat letter of intent be my next option? And if this is ignored seek legal advice? Or as a beneficiary I would be wasting more money on lawyers as I am in such a weak position? If I go for a further LoI to the solicitors, I will certainly be asking to see their complaints policy and be referring them to the SRA for their comments.

Thanks again for your feedback