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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My father died in June 2014, he had a will which is straight

Resolved Question:

My father died in June 2014, he had a will which is straight forward. There was no house to sell this had been sold when my father went into a home.
The only things the solicitor had to do was close the bank accounts, sell a few shares and then distribute the estate.
We still have not received the funds from dads estate.
How long does an average settlement of an estate take???
I am not in England, I live in Australia, and am founding this very frustrating and unsatisfactory.
Can you please advise me if this is standard practice in uk law.
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Please accept my condolences for your loss.

Joshua :

May I ask whether you are the only beneficiary or are there other too? Was the solicitor appointed as executor by the will?

Joshua :

Are all the shares publicly listed companies in the UK or are there AIM shares (non publicly listed companies) too?

Customer:

Hi, no I am not the only beneficiary, i have 2 brothers and 2 sisters, the will was all agreed prior to my dad passing. My brother and sister are both executors. The solicitor has had full co operation, there has been no legal reasons why the estate can not be distributed.

Joshua :

Thanks. Finally have you discussed the issue with the executors. Are they similarly frustrated?

Customer:

Yes we all are, he has now stopped returning phone calls, the bank accounts were closed 3 weeks ago, he confirmed he has the funds 2 weeks ago. We are still awaiting this in writing, he said he would send a letter advising this, that was a week ago, my sister the executor has left a number of messages and he has not returned her calls. I feel that he is not being professional. I am a financial planner here in Australia and have dealt with estates etc in the past. I have never encountered this type of service before and I find it hard to accept that a simple estate should take so long.

Joshua :

Thank you. An estate of this nature should not in priniciple take more than 2-4 months to complete if the executors provide information promptly. From what you say there is little reason the solicitor could not make at least an interim distribution at this point

Customer:

ok thank you, ***** ***** send another email to him, and outline I have sought legal advice about the delay in his handling of the estaet.

Customer:

oops typo... estate..

Customer:

thank you for your assistance.

Joshua :

From what you say the position is that the executors are his clients and as such he is directly liable to them for his conduct in relation to the matter. Accordingly the simplest approach is likely to be that your sibling executors make it clear in writing by email for example that they are not satisfied with his efficiency and request a response detailing a timetable for settlement within say 3 working days. If no response is received they can escalate to his supervisor or managing partner.

Joshua :

If they remain unsatisfied they can refer their complaint free of charge to the Legal Ombudsman which can review the conduct of the solicitor and award compensation if they deem it appropriate by way of a reduction of the solicitors bill or more.

Customer:

Thank you we will do this, and I will be in touch should we need further advice.

Joshua :

Please do. I would be very happy to provide more specific assistance if they above does not produce a result.

Joshua :

Have I been able to help you with all your questions on the above?

Customer:

Thank you yes, you have been helpful confirmed what I already thought. I will be in touch in the future should I need more assistance. I believe I have your contact details sent to my email address.

Joshua :

Yes you can return to this thread at any time via a link in your email or through your "account" link on this website.

Joshua :

I am glad I was able to be of some assistance. If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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