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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33300
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I believe I am one of several Beneficiaries in a will as I

Customer Question

I believe I am one of several Beneficiaries in a will as I was given a copy by the diseased to keep safe, we are now in the 10 month and the executors who are solicitors who drafted the will appear not as yet to have applied for probate, it is anticipated that the estate of the diseased is in excess of the IHT threshold we have heard nothing from the Executors during this 10 months the diseased has no living family there has been no public notifications published of any description i feel somewhat concerned should I be as there is no one to oversee the executors ?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhat does the Will actually say?
Customer: replied 1 year ago.
Which section do need to know?
Customer: replied 1 year ago.
Which part do you need to know
Customer: replied 1 year ago.
Are you still there Claire?
Expert:  Clare replied 1 year ago.
Hi
My apologies for the delay
What are you due to receive under the terms of the Will?
Clare
Customer: replied 1 year ago.
A cash bequest!
Expert:  Clare replied 1 year ago.
Have you contacted the Executors regarding the delay?
Customer: replied 1 year ago.
Hello Clare
We have contacted one of the Executors as there are three of them, two solicitors and a friend of the diseased.
However they were evasive and said they were not well enough to speak to us!
Customer: replied 1 year ago.
That is the friend who is an Executor we tried to speak to not the Solicitors!
Expert:  Clare replied 1 year ago.
Have you written a form al letter to each of them asking for an update?
Customer: replied 1 year ago.
Although we have a copy of the Will that we were given by the diseased for safe keeping as she was in Rest Home (but fully astute and fully compos- mentis, she had been a friend for over 40 years) we were hoping that Probate would have been applied for by now and thus we would have proof that the Will was all above board, i trust you will appreciate my point here.
However to deal with the diseased estate surely the Executors should have applied for Probate by now particularly with regard IHT and to prove that they are in fact authorized to deal with the estate etc... or our we missing something here?
Expert:  Clare replied 1 year ago.
Hi
There is no time limit within which the Probate application has to be made - although after a year interest is payable on bequests.
The way forwards a formal letter to the Executors asking for an update on the probate and reminding them that Interest will run after a further two months.
I hope that this is of assistance - please ask if you need further details
Clare

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