How long can a solicitor hold on to an estate after the date of death in the UK?

Question

My father passed away in april 2007 leaving a modest sum to my siblings and I.(zero tax band).
My solicitor has informed me of different dates throughout the investigation as to when the estate can be finalized. (from 5 weeks to 5 years!!)
There are no legal issues or contests but we seem to be no nearer finalization than 4/5 months ago.
I remember him saying that no moneys can be paid out before 6 months of the date of death,does this also work the other way? ie should the estate be finalized by the end of the 6 month period?
They are commanding a high enough fee and have fed me misinformation from the start. Are they supposed to be working for me?

6 months is apparently the legal limit for any debts to be paid by the estate in scotland. there was property but was sold and paid for about 2 months ago.

Answer 1

They can make interim payments anytime YOU ask for them providing there is sufficient funds in the estate. They can't complete until all outstanding bills, grants, bequests etc etc have been fulfilled though. Truthfully I would be asking what is taking so long. Unless it was a very complex will or there is a property to be sold which is taking a while, there is no reason for them to draw it out. Incidentally, their fees are usually taken from the estate before the final account is done.

Answer 2

If a will has to go to probate it can take about 4 months, after the death of the person concerned. I would ask your solicitor for a definite time for settlement, he should know, or he should be able to tell you why there is such a long holdup. Did he give a reason for the 'six months'.?

Answer 3

It will depend on how long it takes to grant probate, as all wills and disbursments have to be presented to court and okayed first. The length of the delay will be dependant on how big the backlog is and other legal issues.

There's nothing you can to do speed up the process. Google "probate times UK or probate process UK" and that will give you some assistance.

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For William C (post below mine).. PMSL .. here in Australia what we call them couldn't be printed here due to the type of obsenities usually used to describe most of the legal profession, police, politicians, and used car salesmen.

Answer 4

I have no idea how to answer your question. I just want to point out how nice it sounds saying solicitor instead of "lying cheating rat bastard thieves" as we do in the US. Here it's a real shame that 99% of them have to give all the rest a bad name!