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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34508
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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A grant of probate was issued on my late Mother's estate on

Resolved Question:

A grant of probate was issued on my late Mother's estate on 22nd April but the solicitors named in the will have yet to complete the processing of the estate. Whereas the content of the will splits the beneficiaries two thirds into trust funds and one third (me) as a direct beneficiary, and therefore it may have been expected that the work might take longer than for a will with no trust content, eight months seems a long time for the matter to have been not yet resolved. Can you offer some advice?
Thanks
Stephen Pitt
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Just to check - the Solicitors are also the Executors?
Clare
Customer: replied 2 years ago.

Thank you. I am joint executor and trustee with the solicitors.

Expert:  Clare replied 2 years ago.
Hi
Were you sent a copy of the firm's complaints procedure?
Clare
Customer: replied 2 years ago.

Under their "Terms of Business", they state if the client is unhappy with the quality of service, they should speak with their Matter Controller or, if prefering , the Supervising Partner. Also, the firm has a complaints policy, available on request and "a complaints procedure that means all complaints are reported to and reviewed by our management".

Personally, if I was, say, to receive, satisfactory outcomes in the next couple of weeks, I would not complain. The trouble is, they have hardly communicated in the last three months or so and not all since the end of November. It would be preferable to be kept informed , including the important details about how the trusts are to be administered. I also have about £500 owing to me - since August - from the estate as I have paid for my brother's ( he is one of the persons under the trust funds) car insurance and car breakdown membership - my Late Mother used to do this and the idea is to continue this arrangement.

Expert:  Clare replied 2 years ago.
Hi
Just to check - have they provided a set of draft accounts yet?
Clare
Customer: replied 2 years ago.

Yes, some time ago. There was confirmation of their fees. Is this what you mean?

Expert:  Clare replied 2 years ago.
Hi
No - I mean an account of the assets and the debts of the estate?
Clare
Customer: replied 2 years ago.

Yes. I received an account of the assets and the debts of the estate. All the debts are paid (they did this for me some months ago).

Expert:  Clare replied 2 years ago.
Hi
If the only outstanding matter is the setting up of the Trust then you are correct - they have had ample time to do so.
I would suggest that you write a letter asking for a full explanation of the delay and giving them 14 days in which to reply.
Address it to the Supervising Solicitor
Copy the letter to the Complaints partner.
If no reply has been received within the 14 day limit then start the formal complaints procedure.
You will also need to be aware of teh Legal Ombudsman
http://www.legalombudsman.org.uk/
should the matter need to go further.
I hope that this is of assistance - please ask if you need further details
Clare
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