On Tue, 07 Jul 2015 14:31:31 +0100
Malcolm Race wrote:

On 07/07/2015 14:17, Bob Minchin wrote:
Harry Bloomfield wrote:
My partner has just sadly passed away, so obviously I'm in a bit
of a spin. She owned the house and contents, much of which is a
result of the time and money I invested in it over the decades.

Decades ago, she had her will via her solicitors was drawn up so
as I would inherit the house and contents entirely, but we never
married and there was never any official formal arrangement.

This, as I anticipated it would, has come back to bite me. There
were rows at the time over her having her will written without
discussing it with me first. Unfortunately a very stubborn lady.

I am a named executor, along with two of the solicitors. The
solicitors are rubbing their hands over the likely admin fee,
though they did suggest I could do it all myself - but it would
take months and I would need to organise Probate. Probate forms
look to be straight forward enough.

Her main life cover paid out surprisingly, with just a phone call
- the cheque in my name turned up yesterday. For a second much
smaller policy a different insurance company - they want a form
filled in, a copy of the will, a death certificate and names
signatures from the three executors.

The solicitor refused to sign the document, I suspect they are
trying to have me over a barrel and force me to use them, but the
law seems to be on their side on this point. Where do I go from
here?

The solicitors were fairly adamant that it was her desire when
writing the will, that I should use them to sort the mess out -
there is no proof of this, other than their word and the solicitor
was not the one who even spoke to her at the time. The one I spoke
to would likely have been in nappies when the will was set out.

Assuming, no reason why not and I do get the property, will there
be any tax implications for me - will I owe them anything?







Sorry to hear your news Harry.
If the will names you as the beneficiary by name (rather than "my
spouse") then I think it quite clear it should come to you.

snip

When my MiL died I was named as executor alung with her solicitor. A
phone call and letter and the will was sent to me to deal with. More
recently my wifes aunt named my wife and her solicitor as executors.
When she died the solicitor refused to hand over the will and
responsibility without a one off payment of IIRC £300. Was this
trying to make up for lose fees? - the will was quite simple.

Malcolm


I once had a problem with a solicitor, who had kept money of mine for
several months, for a deposit on a house, but 'forgot' to pay me the
required interest. A letter to The Law Society, and suddenly the
solicitor remembered that I was due said money. So it might be worth
asking them if that £300 was justified or not. If not, they will have
to account for it, and risk their license to solicit.

--
Davey.