legal costs to pay when inheriting property

legal costs to pay when inheriting property

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Discussion

Mr-B

3,780 posts

194 months

Thursday 9th July 2020
quotequote all
catweasle said:
If it was apparent immediately that the Will is valid then why have they told the OP "There was no provision for his widow in the will so just in case the will was challenged the solicitor said we had to wait 10 months after probate had been granted."?

Validity of a Will can be a very complicated legal thing and I doubt the solicitor that drafted it, and is also the executor, would volunteer he didn't do it properly and follow correct procedures.for example being over 80 did the solicitor follow the "Golden Rule"? If not someone might want to challenge it.... and that is why I asked the OP previously if a Larke v Nugus request had been made to the drafting solicitor.

Sorry if I am being pedantic but this is almost exactly why I am 3 years into a Will dispute of my late father's Will and so far, together both parties costs are circa £35K and the 1st Case Management Hearing hasn't even been held yet.

Sorry for threadrift OP but if you are really concerned you might want to speak to an ACTAPS solicitor for an hour just to get everything right.
It is 6 months from grant of probate to challenge a Will and can go up to 12 years for coercion or no limit for fraud AFAIAA.

anonymous-user

54 months

Thursday 9th July 2020
quotequote all
Mr-B said:
catweasle said:
If it was apparent immediately that the Will is valid then why have they told the OP "There was no provision for his widow in the will so just in case the will was challenged the solicitor said we had to wait 10 months after probate had been granted."?

Validity of a Will can be a very complicated legal thing and I doubt the solicitor that drafted it, and is also the executor, would volunteer he didn't do it properly and follow correct procedures.for example being over 80 did the solicitor follow the "Golden Rule"? If not someone might want to challenge it.... and that is why I asked the OP previously if a Larke v Nugus request had been made to the drafting solicitor.

Sorry if I am being pedantic but this is almost exactly why I am 3 years into a Will dispute of my late father's Will and so far, together both parties costs are circa £35K and the 1st Case Management Hearing hasn't even been held yet.

Sorry for threadrift OP but if you are really concerned you might want to speak to an ACTAPS solicitor for an hour just to get everything right.
It is 6 months from grant of probate to challenge a Will and can go up to 12 years for coercion or no limit for fraud AFAIAA.
Agreed..........6 months for an Inheritance Act claim...which is what the OP states the Executor is concerned about and why he isn't distributing.... eta although a quick check tells me it is possible to apply for permission to bring a claim out of time.

Section 20 of the Inheritance Act enables a testator's PR to distribute any part of the estate without liability after the end of the 6 month period.

Edited by anonymous-user on Thursday 9th July 19:47

condor

Original Poster:

8,837 posts

248 months

Friday 10th July 2020
quotequote all
I received a reply from the solicitors late today. Part of which states:-

The period for claims under the Inheritance ( Provision for Family and Dependants) Act is due to elapse on the 1st August 2020 and that the Executors would look to pay the legacies and move to the distribution stage of the Estate after that date,

Further blurb means my brother and I won't be getting our share till late September, but my brother's adult children should get theirs by end of August.Though there was a warning that it was up to the Executors when they paid out, and presumably ruffling feathers would delay things.


eliot

11,434 posts

254 months

Friday 10th July 2020
quotequote all
jesus they are taking the piss

condor

Original Poster:

8,837 posts

248 months

Sunday 2nd August 2020
quotequote all
Too right
New email says that the management company are the owners of the Freehold. They want £285 +vat to even look at doing anything that might require documentation. Then a notice fee of £100 +Vat then an Admin fee of £500 + vat.

Once again, my brother and I seem to be stitched up with ever increasing costs and nothing we can do to say this is OTT re fees.

Edited by condor on Monday 3rd August 05:59