Genealogy Chat

Those four 'events' are in the correct order (in my opinion). But I suggest you ask the solicitor to explain to you:-
a. What a 'Certainty Will Search' means.
b. The make-up of the Statutory Adverts fee (probably two - The Gazette and a local paper)

So, presently, there is just a death certificate? Who has it - and any copies?

Did the person registering the death action the "Tell us once" online process?

Have any bank accounts been frozen?

Who has access to his home? (You mentioned social services) Did he own it?
EDIT: You have previously mentioned that he owned it. So why does the solicitor have concerns about the value of his estate? Also, I think that there is a requirement to complete an IHT form - even though there may not be any tax due. (ie net proceeds from sale of home plus his any other assets total less than the IHT start point))

At this stage do not be tempted to have a 'company' go in and clear his belongings.

The list of (my) action points goes on, and on...

She claiming that until she knows if his assets will cover the costs of registration then as she's a small company she asks everyone for the initial outlay?
Here's her charges
Probate Registry fees £150
Certainty Will Search £108
Statutory Adverts. £220
Assess Search. £25

Total. £503
:-S

Hi folks, again I'm sorry for delay in responding. ( I've had a problem with my wound from my hip replacement so been visiting hospital a lot). The solicitor required a sum to cover the costs for a will search and probate registration and advert placement? Myself and my cousin have offered to be administrators and the solicitor said this would be the only outlay and we would be reimbursed at the end. I was really taken aback so rang another solicitor for advice. They said they didn't charge up front but they were a large company. I then contacted the solicitor who was dealing with it and she said " Your quite welcome to go somewhere else but I shall charge an admin fee of £95 for the work I've done so far ! After ringing round two more solicitors they said she had a right to charge that for the initial work. She ( the original solicitor) charges one and a half % of the estate but the other solicitors I asked charge 3%. After much discussion with the remaining cousins we have stayed with the original one. She said there would be no more outlay at all so fingers crossed. :-(

I can't give you any advice regarding the difficulties with the solictors but I do hope that you are keeping a careful record (wit receipts etc) of your own expenses as you should be able to claim those back from the estate before you distribute any monies.

Carolyn,

Are you now officially the Administrator? ie Is your name on a Grant of Administration? Or has this point not yet been reached?

It does seem that you are possibly digging yourself into a big hole. I do hope that you have read through all that there is on:-

https://www.gov.uk/wills-probate-inheritance/overview

It is not unreasonable for a solicitor to request some upfront funds.
And before anyone jumps down my throat over that comment, see my post on:-

http://www.genesreunited.co.uk/boards/board/genealogy_chat/thread/1352719

Asking for money upfront could mean that there's a possibility that the costs involved will exceed the amount of the estate.

I wouldn't part with a penny

Don't see why you have to pay anything any pymts the solicitor makes comes out of the estate when it's settled . Doesn't sound right to me that anyone has to pay out before then or at all

Don't see why you have to pay anything any pymts the solicitor makes comes out of the estate when it's settled . Doesn't sound right to me that anyone has to pay out before then or at all

Hi everyone, I haven't posted for a few days as the whole situation of my cousins estate has become so stressful and I wished I'd never been asked to be an adminstrator. The solicitor who we decided to use now wants me to pay up front £540 to do searches etc,. I was given the impression that fees would be taken out of the estate. Yesterday I then received an email from her saying she no longer wanted to deal with it . This was due to the fact that a second cousin claims there is a handwritten will somewhere in the house and the solicitor does not want to deal with a litigation claim. The whole thing is utter madness as all we are tring to do is get someone to take over my cousins estate and deal with it appropriately. I then get a call later in the day from the solicitors secretary saying she may deal with it after she's written to the second cousin. The whole thing has become crazy and I'm at my wits end :-S

I shall keep you all posted and hopefully will get a call from the solicitor tomorrow. The remaining cousins feel the same way as I do in that we hope he did leave a will as it's now becoming quite stressful for us all. Sadly my cousin who died drank heavily and often would say things he didn't mean. He would ring me up early in the hours saying I could have his guitars ( I'm a musician). I just ignored it because I knew in the morning he would forget all about it. I think he may have said something to the second cousin and she's taken it as a cert. thanks again folks, I will update when I know more x

Hi Carolyn

Unless the cousin has or you find a proper will then the cousin will only get a share along with all the rest. I think we all kow of or have read of cases where someone has been 'told I'll get something in the will'.

In the case of my family the will had been written but not signed as my cousins dementia got worse. The excecutor applied for probate with signed letters from the Solicitor and the Matron stating that the contents of the will were what she wanted. It was refused and all the cousins once removed and one full cousin got a share. Only two of whom had any chance of being in the will. The next door neighbours had been trying to get her to sign their version of her wants!!

Just as I was told about my story - the outcome of yours can well help others in a similar situation.

Like Shelly, I am also following this thread with interest, so please post an update whenever anything new happens.

Hi Shelly, do you mean dates of births and deaths of those involved :-) I'm new to all this so do forgive me. I had a call from the solicitor on Friday and a cousin once removed has contacted social services claiming there is a will somewhere and the whole estate should go to her. The solicitor is going to ask her for proof but has the opinion like all the remaining family that there is no will. It would certainly make life easier for me if there was as I'm being appointed executer. It's funny how people suddenly appear when they think money is involved. I've also been told by social services that the solictor must arrange environmentall health in to clear some horrid stuff before the rest of the house can be searched for documents. The whole plot thickens and I'm beginning to feel like Miss Marple.

Shelly I have just read your avatar and I like it very much........ :-D :-D :-D

Carolyn
please keep posting up dates
as im following thread with interest

shelly xx

You surely are a fairy godmother Mel <3

I have been in touch with Carolyn and we have found the marriage and the birth of this person. It seems he was born after the parents married but they married in the second quarter and he was born in the last quarter so till she gets the certs we can't go any further.

Because he was a horder and never went out we had to ask social services to go into the property to see if he had made any arrangements for his funeral. The nice chap who dealt with this said he had never seen anything like it in his life. My cousin had been ordering stuff on mass from the shopping channels on tv. They ony managed to make a passage way to the living room where some paper work was found. They found a contact for a family solicitor who said no will had been registered. Social services along with remaing cousins arranged a funeral. And the cost will have to come out of the estate. They then suggested we contact a solicitor to deal with it all, which I did and now regret picking this one. She may turn out ok but her communication skills are lacking. I provided her with details of remaining cousins and emailed all the details to her. Yesterday she finaly got back to me saying she would write to each one and say they may be entitled to some inheritance. My cousin was always a mystery to the family and sadly never mixed with us. We may finaly get to know more about him but I so wish we could have done this when he was alive. He took to drinking heavily and I contacted his gp sometime ago to try and get him help but under patient confidentiality they wouldn't discuss. Sorry for the life history waffle, it's been a rough few weeks sorting all this out :-S

My Mum got a share of an estate from an unknown deceased and intestate relation of her father. This was applied for by a great nephew of the deceased who also benefitted. I have a copy of the account, and kind people on here helped me work out the family tree. Unfortunately he had it incorrect in places, and he completely ignored one side of the family who were numerous and must surely have been entitled. It was all done and dusted in 3 months, including the sale of a house.

Carolyn,

As no Will has been found who is named on the Grant of Administration?

There will be two separate fees here:-
1. The conveyance effort for the sale of the property.
2. The effort associated with gathering the monies together (bank accounts, etc. plus the net sale proceeds of the property), paying any bills (funeral, Grant, utilities, etc.) and finding out who is entitled to any share in the Estate.