Excessive costs against an estate

[Ma79rie]

I was in the process of divorcing my husband when he became ill. His solicitor requested that there be a postponement as my husband was extremely ill. My husband died. He had rewritten his will stating I was to get nothing. I appointed a solicitor to claim inheritance provision. The executor ( and also beneficiary) to my husband's estate used the same solicitor (as used for the divorce case) to deal with probate. Initially they told me I was not entitled to make a claim and after a year of refusal the executor finally agreed to have a round table meeting. The executor engaged a barrister and during this meeting it was concluded that I did need to be considered.
The other beneficiaries are my and my late husbands 2 children. One is a minor and both are in full time education. We are almost a year from that round table meeting and the money has still not been forthcoming.
The executor refuses to communicate with me or my family. The solicitor acting for the executor says the beneficiaries are not their clients and will not impart any information. We have high legal bills to meet and cannot imagine what costs will have been incurred by the executor. Any advice would be most gratefully received.

[factor-fiction]

Is your solicitor still acting for you?

[Ma79rie]

He is at a loss as to where it goes now. The executors solicitor does not respond to letters or calls. My solicitor today described it as "a shambles". I thought of writing to the barrister the executor engaged and telling him of the situation. My children and I are scraping by. I do not need more legal bills.

[Barmaid]

At what stage were the negotiations concluded? Had proceedings been issued and dealt with by way of a consent order or was a Deed of Variation done?

[Ma79rie]

The settlement was reached at the round table meeting last summer. The barrister wrote up the summary and what was to happen. He said the family provison order was to be completed as soon as possible (for the minor) and "we can promptly apply for Court approval for the Deed of Variation and execute that" (this was to do with an earlier inheritance my late husband had". The family provision was not in court until 16th December and the Deed of Variation the executor refused to apply for and my childrens solicitor had to apply just 1 week before the 2 years allowance was up.

[factor-fiction]

Ask your solicitor whether he is going to resolve this or whether you are wasting your money because he feels he isn't up to it.

[Ma79rie]

The thing is factor... my children have a separate solicitor and he too is saying the same. Where do I go and how do I know who can deal with this. My costs are now £12000 and my children's £10'000.

[Info Bank]

It looks like any Inheratance monies will be swallowed up in the legal costs.
Your solicitor needs to get the finger out and work for you not just sit back and send you bills.

[Ma79rie]

Can the beneficiaries demand to see an interim breakdown of costs and balance of accounts before the estate is finalised and distributed?

Barmaid
- My solicitor made an application to the high court, I have the case number but he withdrew this case when the executor agreed to a round table meeting. My solicitor told me this would be a better and cheaper option for the same resullt.

[Lindylou]

You really need to speak to a new/different solicitor. It seems to me that the one you have currently is not capable of dealing with the situation. i.e. is probably a conveyancing solicitor and not used to dealing with probate matters. You are not legally divorced so you are entitled to a share of your husband's estate, even if a will was made excluding you, you can dispute this. Your children are still, legally, your husband's responsibility, dead or not. They are entitled to the remainder of his estate after your share. You really really need to see a more qualified solicitor and, if necessary, make a complaint to the Law Society about the inept one you current have retained. Once probate has been granted a will is public property. Go along to your local district Probate Office and obtain a copy of the will. You may have to make a small payment for this. The Executors have a legal obligation to close the estate of the deceased within a reasonable amount of time. You can sue them on behalf of your children you know!

[Lindylou]

This was last discussed in May. Does anyone know the outcome of this problem? Its relevant as I am a friend of someone in much the same situation. Her husband died suddenly, before their divorce was finalised, and a will has been 'found' which leaves everything to his sister and mistress and ignoring his (at that time) 12 year old daughter. Apparently this will could be a forgery and the police are 'proceeding' with charges. Although a committal has been adjourned for the second time because the police haven't yet sorted out the paperwork. This is over two years since the death of the (not quite) ex-husband and the (not yet) ex-wife and their daughter are struggling with lack of cash. The estate is worth approximately £10 million.