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Ask Clare Your Own Question

Clare, Solicitor
Category: Law
Satisfied Customers: 34019
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Why is my solicitor only making an interim payment from my

Customer Question

Why is my solicitor only making an interim payment from my mother’s will, HMRC have been payed, we have probate, a notice was placed in the London Gazette on the 19 May 2016 this expired on 27 July 2016. I see no reason why the funds from my mother’s estate should languish in their account rather than mine. I am the executor and sole beneficiary of my mother’s will.
The estate has three components
1. The funds from bank, savings accounts and money owed from over paid utilities
2. The transfer of ownership of my mother’s house into my name through the land registry.
3. The transfer of shares held in my mother’s name to my name.
They have agreed to make a payment of around 25% of the money held from my mother’s accounts
The will is not in dispute.
Submitted: 10 months ago.
Category: Law
Expert:  Clare replied 10 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Have the transfers been completed?

Customer: replied 10 months ago.
The shares have not been transferred (I could not find the share certificates) not sure about the house, probably not though they have been on the case for well over six months.
Expert:  Clare replied 10 months ago.

When was Probate actually granted?

Customer: replied 10 months ago.
28 April 2016
Expert:  Clare replied 10 months ago.

Have they given you any indication as to when the final accounts will be ready?

Customer: replied 10 months ago.
Clare – No, they indicated that they were finalising things when I spoke with them last week, the inference was that they were waiting for the share certificates, which I have only found last weekend.
I should probably explain my mums house is in Northamptonshire and I live in Aberdeen so it’s a fair old trek to go down looking for paperwork
My brother was looking after my mother’s affairs unfortunately he died in 2014 and my mother died in Feb 2015. So finding paperwork has been difficult. I knew about her bank and savings accounts because it was me who set them up for her after my father died in 2011.
Expert:  Clare replied 10 months ago.

If they have only just received the Share Certificates - and given that the Advert date has only just passed - it will take a few more weeks to complete all the paperwork.

No doubt they wish to retain some cash to ensure that they can cover their bill (sorry for the cynicism) and any disbursements.

If the matter has not been resolved within the next two months then you may need to push them further

Please ask if you need further details

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