Rebecca Smyth, who goes by a pseudonym, has been waiting for four years to receive her share of her late father’s £250,000 estate. Despite numerous letters from her and her sister to their estranged brother, who was appointed as the estate administrator, they have yet to receive the funds they are entitled to as direct descendants.
Inheritance disputes within families are becoming increasingly common. JMW Solicitors, a law firm, has reported a significant 45% increase in inheritance disputes in 2022. Furthermore, the number of companies offering inheritance dispute resolution services has more than doubled in the past four years to meet the rising demand.
JMW’s Alison Parry predicts that in 2023, there will be an even greater number of wills being challenged, even for smaller amounts, due to the impact of the cost of living crisis on household budgets.
While some families may be able to resolve disputes among themselves or through mediation, others find themselves forced to pursue legal action, often at a significant personal cost.
Rebecca Smyth believes she would likely win her case against her brother if she took him to court for failing to fulfill his duties as the estate administrator. However, the high court fees, typically ranging from £10,000 to £20,000 and potentially reaching hundreds of thousands of pounds, make it financially impossible for her and her sister to proceed.
Such exorbitant costs discourage many beneficiaries from pursuing their disputes in court. In fact, only 105 contested probate cases were heard in the High Court in 2021.
Rebecca Smyth’s situation highlights the lack of support for beneficiaries when an executor or administrator behaves dishonestly. Despite seeking help from the Leeds Probate Registry, which granted her brother probate, she found them unhelpful and unprofessional.
While the probate registries cannot provide legal advice on inheritance disputes, they can assist beneficiaries in cases like Smyth’s by requesting an inventory and account from the executor. This forces the executor to provide a detailed breakdown of the estate’s assets, ensuring beneficiaries receive their rightful share.
However, Smyth had to wait a year for the Leeds Probate Registry to request and provide the inventory. When it finally arrived, the poor quality of the document further confirmed her belief that her brother was unfit to be the estate administrator.
Unfortunately, it became clear to Smyth that the registry was unable to take any further action, regardless of the content of the inventory. This realization was a frustrating waste of time for her.
To make matters worse, dealing with the probate registry over the past year exacerbated Smyth’s Parkinson’s disease symptoms.
The probate service in the UK is notorious for causing long delays. On average, it takes 16 weeks to obtain a “grant of probate” necessary to access the deceased’s assets. However, this wait time doesn’t include the additional eight weeks it takes for the registry to even begin processing the application. Some cases can take over 20 weeks, and the registry often responds with reasons for their inability to assist rather than addressing queries promptly.
JMW’s Alison Parry emphasizes the importance of writing a will to avoid such complications. In cases where there is no will, the task of administering the estate falls to someone based on a prescribed order, which may not be the most suitable choice.
Parry also recommends appointing joint executors to increase transparency and reduce the risk of disputes.
Hence, it is clear that beneficiaries need to seek legal advice from independent professionals as court staff can only provide procedural support, not legal guidance.
As of now, no response has been received from the Leeds Probate Registry for comment.
Denial of responsibility! VigourTimes is an automatic aggregator of Global media. In each content, the hyperlink to the primary source is specified. All trademarks belong to their rightful owners, and all materials to their authors. For any complaint, please reach us at – [email protected]. We will take necessary action within 24 hours.
