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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34581
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hallo. this is again a probate question, related to

Resolved Question:

Hallo. this is again a probate question, related to distribution of my mother's estate. She died in November 2016 and our executor (a legal practice) has received grant of probate. The executor now says they will withhold distribution to my sister & I (the only beneficiaries named in the will) for 10 months "in case another claimant on the estate appears". (a) we just don't believe there possibly can be one and (b) a period of 10 months seems to me not to relate to anything within the Trustee Act. May we instruct the executor to distribute completely now, or at least post a deceased estates notice for the minimum period of 2 months and then distribute?
Assistant: Where are you located? It matters because laws vary by location.
Customer: Well I myself am in fact located in Austria and my sister in Norfolk, England. My late mother lived in South Devon until shortly before her death, and the executor is a firm of solicitors in Plymouth. Is that adequate?
Assistant: Has anything been filed or reported?
Customer: The executors have completed the inheritance tax process and have now obtained grant of probate. There has not been any claim on the estate. What else are you thinking of?
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: No I don't think so...
Submitted: 6 months ago.
Category: Law
Expert:  Clare replied 6 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 they placed adverts in the papers regarding any creditors?

Did your mother have any other children?

Customer: replied 6 months ago.
Hallo Clare. No they have not posted anything to our knowledge, and no, there are no other children. Rgds.
Expert:  Clare replied 6 months ago.

For clarity - this is a firm of solicitors?

Customer: replied 6 months ago.
that's correct.
Expert:  Clare replied 6 months ago.

Then I suggest that you write to them and ask on what legal basis they are doing this and remind them that executors are personally liable to beneficiaries.

They have no legal right to make you wait for the distribution other than for the period covered by the Statutory Advertisements - three months at most

I hope that this is of assistance - please ask if you need further details

Clare and 2 other Law Specialists are ready to help you