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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 13882
Experience:  I have been practising for 30 years.
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My sister died recently leaving a will in which a firm of

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My sister died recently leaving a will in which a firm of solicitors is appointed as Executor. They accepted all relevant paperwork and documentation, plus 6 orig copies of the death cert, my sister’s credit and debit cards and jewellery into their safe custody on 5/9/19. They then commenced admin on the estate. They also met with me on 26/9/19 to discuss the estate and took custody of more jewellery which I had found. On 30/9/19 they advised me that they renounced their role as Executor, as it was likely that the estate would be insolvent and their accrued legal fees could not be met. I have replied that I do not think they can retire, as they have already extensively intermeddled in the estate. They have today replied that they have not intermeddled and are prepared to waive their accrued fees. They wish to hand over the estate admin to one of the creditors. Nb. They have already tried to pass it to me, as Residuary Beneficiary of the will. I would appreciate advice on this matter.
JA: Since estate law varies from place to place, can you tell me where this is?
Customer: In England. NB. I’m resident and domiciled in the Isle of Man.
JA: What documents or supporting evidence do you have?
Customer: I personally do not have any documentation now, as my brother and I handed it all over to the Executors on 5/9/19. I do have 2 receipts from them dated 5/9/19 and 26/9/19 for the paperwork, jewellery and key for a storage unit, which I rented to store my sister’s furniture. I also have numerous emails from the partner, who is administering the estate.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I don’t think so. Really don’t know, as this situation is so difficult for me.

Good afternoon. I will assist with your question - be aware this is an email not chat service therefore i maybe delayed in replying.

so was there a property or was it rented?

why is the estate insolvent?

what is owed to whom?

Customer: replied 9 days ago.
Rented. Estate is insolvent apparently because liabilities are greater than assets, but the assets have not been valued yet, as far as I know. I don’t know all the details of debts, as the latest update I received from the Executor was in her email dated 30/9/19.

Being totally honest with you, it is not really worth the argument over whether they have intermeddled or not because they are entitled to be paid but there is not enough money to do the work, they would simply stop doing the work at that stage.

 

Here are a few words on what can be intermeddling: https://sasdaniels.co.uk/blog/2017/02/27/i-know-i-intermeddled-executor-i-can-still-renounce-role/

you have no doubt doing your own research.

 

It really comes down to what the value of the jewellery is, what assets there are and what liability and whether anyone will actually deal with it or whether everything is just going to sit in a box on a shelf for ever.

Customer: replied 9 days ago.
I requested a live phone call at least 3 times this afternoon, but did not receive any response.

I am happy to call you but there is no request here. You might wish to email Customer Services and ask what has happened to it. We use an automatic connection system so I’m not able to call you directly.

I can raise it with customer services but it will close the thread and that’s why it’s better if you do it.

Customer: replied 9 days ago.
Thank you. Will call your Customer Services tomorrow, as too tired to pursue this glitch now.

 

No problem. I am glad to help. Please don’t forget to use the rating service because it means that can continue to provide affordable and timely legal advice to people with similar problems.

Although it says "rate to finish" it doesn't close the thread and we can still exchange emails.

You may need to login again to use the rating service.

Kind regards

No problem. I am glad to help. Please don’t forget to use the rating service because it means that can continue to provide affordable and timely legal advice to people with similar problems.

Although it says "rate to finish" it doesn't close the thread and we can still exchange emails.

You may need to login again to use the rating service.

Kind regards

 

F E Smith and 4 other Law Specialists are ready to help you
Customer: replied 8 days ago.
I’ve just found out that your Customer Services is only open Mon-Fri. Have tried again to request a live call from you. Don’t know if it’s got to you. If not, will have to wait until Mon.
Customer: replied 6 days ago.
How long does it take for a phone call to be made? Have spoken to your Customer Services twice this morning and have still not received a call.

Called 1145 AM. No answer. Please confirm telephone number .

Customer: replied 6 days ago.
My number if you are calling from UK is: 07624 246648.
Customer: replied 6 days ago.
If call to me has to come from abroad then number is +44 7624 246648.
Customer: replied 6 days ago.
You said you called me at 11.45 but I have no missed calls. Please call me on my above correct number which I have given twice today to your inept Customer Services people.
Customer: replied 6 days ago.
It is now 14.19 and I have still not received a phone call from a solicitor, despite 3 calls since 9.20 approx this morning to your clearly incompetent Customer Services people.

I have just tried again and there is still no answer.

We use an automated connection system which is based in the UK.

However the contact information provided to our system is missing the last 2 digits, 48.

That is why you have had no telephone call and it isn’t showing up on your phone. I shall call you in about 10 minutes

We have now spoken.

Customer: replied 6 days ago.
Thank you so much for your excellent advice - really appreciate it. Kindest regards SB

It was good to talk.