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JustAnswerKM
JustAnswerKM, Solicitor
Category: Law
Satisfied Customers: 42
Experience:  Court of Protection, civil litigation, divorce and inheritance
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Good morning.Last year my aunt die and i was one of the beneficiaries

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Good morning.
Last year my aunt die and i was one of the beneficiaries of her will, I am also her only living relative.
he solicitor contacted to inform me of the will, never saying what or how much i had been left.
after about three months i asked him how things were going, by email, no reply, I sent a few mails followed any a letter. he replied informing me that he had had a back injury and that all my mails were going to his junk file.
He then informed me that there had been a problem with what seemed a simple will and this was now being dealt with by another department in his firm and that he could not inform me of anything because of confidentiality I wrote back asking why if he had helped and prepared my aunts will was there now a problem and who was paying hi form to sort out that problem. That was four months ago and no reply. I really want to know what to do and what is going on? is there confidentiality when some one ids dead. Peter
Submitted: 1 year ago.
Category: Law
Expert:  JustAnswerKM replied 1 year ago.
Good eveningThank you for your message and I will do all I can to help.Firstly before I provide my full answer, may I ask, who is the executor(s) of the Will? Is it the Solicitor handling the probate?Do you know if the Grant of Probate has been applied for? I look forward to hearing from you. Kind regards Krystel
Customer: replied 1 year ago.
I do not know either of these questions, as the solicitor in question does not answer my emails or letter and does not tell me anything other than there is now a complication and its being felt with by another department in his firm.
I have to say firstly i find it very rude that he does not reply, and very bad professionalism. The business of can't tell me anything because of confidentiality, does this apply if the person involved is dead?
Anyway thank you for coming back to me.
Peter
Customer: replied 1 year ago.
not had a response to my last message yet?
Expert:  JustAnswerKM replied 1 year ago.
Good morning I apologise for the delay. Yes details of the estate remain confidential until the Grant of Probate is obtained. The Grant of Probate then becomes a public document and the Executor's activities has to be known to the beneficiaries. The problem we have here is there an issue which may be holding up the application for the Grant. If that's the case and the Solicitors are not disclosing the issue, you will have to carry out your own investigations. Before you start carrying out your own investigations, warn the Solicitor in writing that you will be carrying out your own investigations and if there are significant cost consequences, you will be looking to them as the "deemed Executors" for payment. Hopefully that will alert them. If not, then continue with your investigations and keep them informed, that way they have on record a potential claim against the Estate (this is only if they are the named Executors). A good starting point is to find out whether there is a Grant of Probate. At the same time you can search for the Will that's if your aunt registered it. You can search online: https://www.gov.uk/search-will-probate or send your request by post: London Probate Department, 7th Floor, First Avenue House, High Holborn, London WC1V 6N
 There is no guarantee that the documents will be there but it's worth a try. If there is a Grant and the Solicitors are named as the Executor, send a copy to the Solicitor and state that they have a duty to inform you of their activities etc. If you get nowhere, speak to the other beneficiaries and if they are in agreement with you, consider making a request collectively for the Solicitor-Executor to renounce his position and have someone else replace them. If the Solicitor refuses, then you can make an application to the Court for an Order to remove the Solicitor. Speak to a lawyer specialising in contentious probate matters and they will draft the application for you. If there is no Grant, find out where your local Probate Registry is and ask to speak to someone who can advise on what to do when the Executor (in this case the Solicitor) refuses to apply for the Grant. It's a good idea to get the Probate Registry on your side so if at any point you have to take Court action, you can use any correspondence from the Registry as evidence to your advantage. I hope that helps. Best of luck, Kind regardsKrystel *Please rate my answer so I can be credited for it.
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Expert:  JustAnswerKM replied 1 year ago.
Thank you for your rating!