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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34584
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My brother died seven months ago. As a beneficiary of his will,

Customer Question

My brother died seven months ago. As a beneficiary of his will, do I have entitlement to be kept in formed of proceedings by the executor of the will (solicitor). Does he have a legal obligation to keep me informed?
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.
Thank you for your question
I shall do my best to help you but I need some further information first
What is the extent of the Estate and are you due to inherit a specific sum or a share of the residual estate?
Clare
Customer: replied 2 years ago.
I am due to inherit £10-000 from the estate and my other surviving brother is to receive £10-000 also. As the deceased's property is in the next street I have seen it go on the market, be sold and apparently being refurbished, and a short time later it went up for sale again. All this is very confusing - all I want is to know what is happening, I'm not out to make trouble. The named Executor is the deceased's ex-partner and she asked a solicitor to act as Executor.
Expert:  Clare replied 2 years ago.
Have you checked whether or not probate has been obtained?https://www.gov.uk/search-will-probate
Customer: replied 2 years ago.
Yes, probate was obtained several months ago.
Expert:  Clare replied 2 years ago.
Did your brother own the property in his sole name - if not what other assets did he have?
Customer: replied 2 years ago.
The property was in his sole name at the time of his death.
Expert:  Clare replied 2 years ago.
Did he leave the property to his ex or was it just part of his estate?
Customer: replied 2 years ago.
I have a copy of his will and I read that he appointed his ex. as sole Executrix. I cannot see any thing that indicates he left the property to her, but then I am not familiar with understanding such documents.
Expert:  Clare replied 2 years ago.
Hi
Does it say something like
"I give my property xxxx to xxxx"
Clare
Customer: replied 2 years ago.
No, there is no such wording.
Customer: replied 2 years ago.
The only reference to his ex is where he names her as Executor.
Expert:  Clare replied 2 years ago.
Hi
Who inherits the balance of the monies
Clare
Customer: replied 2 years ago.
That is a question I have been asking myself, but cannot answer- I can see nothing in the will that relates to any other person(s) name(s) other than the beneficiaries - does the balance go automatically to the named Executor?
Customer: replied 2 years ago.
Clare, my appologies - I have just read the will again and found that the has left the residue of his estate to his ex.
Expert:  Clare replied 2 years ago.
That is fine - and actually strengthens your caseYou should write to the solicitors acting for the Executor and point out that you are aware that the property has been sold and ask when you may expect to receive your bequest.Say that you are aware that interest is not payable until after a year has passed but none the less you expect an update given the sale of the houseI hope that this is of assistance- please ask if you need further detailsClare
Customer: replied 2 years ago.
Clare, thank you for the conclusion - but my question was "does the solicitor have a legal obligation to up-date me?" I e-mailed him last Monday asking for an update and as expected he has not responded. If indeed he does have a legal obligation then I will consider presenting a complaint to the Ombudsman.
Expert:  Clare replied 2 years ago.
No he does not I am afraidThe solicitor is not acting for the beneficiaries he is acting for the Executor.
Clare and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you Clare, no more questions.
Expert:  Clare replied 2 years ago.
Thank you - I hope all goes well