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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My grandmother died in December 2013. Under the terms of her

Resolved Question:

My grandmother died in December 2013. Under the terms of her Will I am one of the beneficiaries. The Will provided for certain items to be sold to pay for my further education. I have just been accepted for a course in interior design for September 2016. The cost for a diploma in this course is over £25,000.
I have not been informed by the solicitors (who are also one of the executors and trustees) as to why the Will has not been probated and why no distribution has been made.
The items which I have been left are stored in a bank which, presumably, is making charges for that storage.
My question is: what steps can I make to compel the solicitors to reveal the value of the estate and the reason for the delay in fulfilling my grandmother's wishes. ?
I take the view that the delay has been unreasonable and is diminishing the value of the estate.
Thank you.
Victoria
Submitted: 11 months ago.
Category: Law
Expert:  Clare replied 11 months ago.

Thank you for your question

My name is Clare

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

Who are the Executors of the Will?

Customer: replied 11 months ago.
Dear Clare,
With regards ***** ***** fort question, the Executors of the Will are:
(1) **** Solicitors, ****
(2) Ludwig *** *****, who lives in Germany
The relevant property is all in the UK and is stored at the private bank ***** ******, ******
Although Ludwig is my great uncle there exists strained family relationships and therefore I have to rely in the efficiency and professionalism of my grandmother's English solicitors.
The Will was prepared by those solicitors and executed on the 31st May 2012. My grandmother died in December 2013.
I reiterate that all efforts to obtain an explanation for the delay from the solicitors have failed.
I look forward to hearing from you,
Victoria
Expert:  Clare replied 11 months ago.

IAre you certain that there has as yet been no Grant of Probate?

Customer: replied 11 months ago.
because no other heir has been contacted by the solicitors and none of the heirs have received any response to the effect that the Probate has taken place.
Expert:  Clare replied 11 months ago.

But have you actually checked with the service here

https://www.gov.uk/search-will-probate

Customer: replied 11 months ago.
Dear Clare,
The answer is yes, I checked via the link you kindly sent. I have searched for the Will or Probate in the name of my grandmother (using the name on the Will) and there are no results in that name.
Regards, Victoria
Expert:  Clare replied 11 months ago.

Excellent - just to check - how do you know that the solicitors have actually been instructed to deal with the Probate?

Customer: replied 11 months ago.
First, because they are the Executors and second, when I spoke to them two years ago on the phone, not having had a reply to my letter, they said there were delays. It is precisely to determine what these inordinate delays could be, that I seek your help. Being a student I have no ability to fund litigation to find out.
Regards, Victoria
Expert:  Clare replied 11 months ago.

My apologies I had only noticed Uncle Ludwig as Executor!

You need to write a formal letter to the Complaints partner of the firm.

Inform them that you are aware that Probate has not yet been granted despite the fact that "Executors Year" has long since passed, and that accordingly they appear to be failing in their duty of care twoards you as a beneficiary

Point out that they are the Executors of the Will and cannot therefore simply say that they are without instructions.

Ask for an immediate explanation for the delay and a timetable for progress.

Say that if you do not have a response within 14 days then you will refer the matter to the SRA regarding their failure to adhere to professional standards

A Court applictaion would be appropriate - but if you wish to avoid that then the only option is to make a complaint about the legal services provided

Details here

http://www.legalombudsman.org.uk/

Please ask if you need further details

Clare and other Law Specialists are ready to help you