are delays normal

[Peridot]

Sorry was typing as you were so missed the post above. So is Probate needed? If not the executors still have duties to perform. IMO it would still be a contested probate situation as it is contesting aspects of the estate administration. As far as the property is concerned and the fact it was sold prior to your father's death it may be that this is why a family specialist has become involved.

Do you recall why a family specialist was involved?

[Ferret25f]

So you need the solicitors to put pressure on the executors solicitors for the information

The solicitor who was instructed by my sister to deal with my dads will was the first to see discrepancies and he advised her to get a lawyer “For her own good” she has since stopped instructing these two separate solicitors. So they were unable to get any other information.

Did the other executor sign the Oath to obtain probate or did they renounce their role?

I believe he did, he certainly didn’t renounce his role. All solicitors involved have tried to get my sister to renounce her roll as executor and hand over the original will to the second executor but she has refused every request to do so.

Did you receive a copy of the barrister's advice?

No, I will ask tomorrow when I intend to ring the solicitors supervisor, if I can get hold of him, it’s like trying to get past a doctors receptionist! When I rang today they put me through to head office (in another part of the country) despite me ringing the local office they are based in!

[Peridot]

The other executor (or beneficiaries) can apply to the Court for an executor to be removed although I will need to check whether this can be done if a Grant hasn't been obtained. I will come back to you tomorrow on that. I wonder if that is what the barrister was getting at about the executor issuing the application - to have the other executor removed?

[Ferret25f]

Sorry was typing as you were so missed the post above. So is Probate needed? If not the executors still have duties to perform. IMO it would still be a contested probate situation as it is contesting aspects of the estate administration. As far as the property is concerned and the fact it was sold prior to your father's death it may be that this is why a family specialist has become involved.

Do you recall why a family specialist was involved?

With both the solicitors I have used, they both pointed me to their litigation/family specialist dept. who then took the case on with the info i had at the time. I still think it should be a police / public prosecution case , I have newspaper cuttings of similar cases where the defendant has stolen assets from relatives/ friends , in my case she has abused her POA and her position of executor and attempted to hide evidence and is still hiding her bank statements. She has done similar to our mother (long since divorced from our father) but she had no financial assets just belongings, in this case she collected mothers will and destroyed it, she lived in mothers council bungalow for 4 years while my mothers account was used to pay the rent and phone/broadband while my mother was in care home. Once again I was due half her belongings but got nothing!

[Peridot]

Hi Ferret25F,

Probably the issue is surrounding the evidence needed. For a criminal prosecution to be taken there has to be evidence that could prove beyond all reasonable doubt that a crime has been committed for a conviction. In civil matters the standard of proof is on the balance of probability so evidence has to show it was more likely than not that the claim is correct.

IMO this is more a probate matter. The issues that happened while your mother was alive would be very difficult to evidence as your mother, the main witness is no longer here to give her version of events.

It may be worth speaking to a contested probate law specialist who often are in the litigation department of a firm, but I wouldn't say this is a family matter.

You mentioned you have paid for the initial consult with the solicitor. Have you never actually instructed the solicitors and provided them with money on account in order for them to take this matter forward for you?

[Ferret25f]

I rang the Supervisor (Fully qualified solicitor) this morning and as usual he was not available to speak to me today! So I rang my (Trainee) solicitor who said she had passed the letter from the barrister to her supervisor this morning and he would write to me next week! This letter will no doubt create more questions for me so creating more delay. It is beginning to feel like I have more of a fight with my solicitors than I do with the defendant, are these delays normal in the legal world?
When ever I have been asked for payments I have always made them the same or next day despite the company not having an on line payment facility.

[Ferret25f]

have now found out the barrister got back to my solicitor within 3 weeks (20th Nov) with how he wanted to proceed but my solicitor was "Busy with other cases" and of couse there was the xmas break! Emailed me 10 mins before closing tonight so now have to wait for a responsee from me to be acctioned on next week!
Thanks for all the advice on here .