Help! My mum is waiting for £5k and an acre of land from a will

My mother was given a sum of money and a piece of land in the will of a distant relative.

The person has never been married and has spent the last two years of his life in a care home and one of this person’s nieces has been granted power of attorney.

She arranged the sale of his house and with his own pension he had a large sum of money.

His niece informed my mother during one of her visits that she and my father were mentioned in the will, and after I had heard nothing a year after his death, I was given a copy of the will.

My mother left behind £5,000 plus an acre of land in the UK.

The will was effected in the spring of this year and so far NO money has been distributed to any person named in the will, including his nieces who are also the main beneficiaries of this will.

I’ve contacted the law firm that works as an executor, but they never call back. My mom is in her 80’s and waiting for major surgery and wants to get things in order prior to this surgery.

Who can I pursue this with and are they obliged to pay these funds out within a reasonable period of time?

Tanya Jefferies, of This is Money, replies: Some legacies are more difficult and time consuming to sort out than others – generally, the richer the deceased, the more complicated their financial affairs are.

But if it’s been more than a year since your relative passed away, you have the right to ask some detective questions on behalf of your mother.

We have asked a lawyer to explain the normal course of business and what you may ask for at this stage.

Helen Salisbury, partner and attorney on the wills and estates team at Nelsons, replies: The unfortunate reality is that it can take a few years for more complex estates to be finalized or finalized if claims are made.

The good news is that if the estate has no claims or complexities, executors have up to one year to divide the estate. Any longer than this and interest will accrue on what you owe.

How long can the estate administration take?

This can be a lengthy process and can take many months. The average waiting period is eight months to a year, and this for a relatively simple estate.

The delays are waiting for third parties and other institutions on whom you depend for information, to close bank accounts and to answer correspondence. This all takes time.

There may also be further delays if the estate is in debt or insolvent.

The executors must be able to trust that they are aware of all assets and liabilities, so that they can be sure that the net estate is sufficient to honor the donations (or bequests) and that the money is not needed to pay debts. to pay off.

What role do executors play?

Executors have several duties to perform, such as ensuring that all creditors are contacted and that there are no claims against the estate.

This all takes time, which can be frustrating for you, but it’s important work and they need plenty of time to make inquiries as they could be held personally liable for any omissions.

Also keep in mind that inheritances related to land can take longer.

The executor must locate the deeds if the title is not registered and ensure that there are no outstanding mortgages or debts.

However, executors should not unreasonably delay the distribution of the estate. The executors have one year from the date of death to distribute the bequests in the will.

This is known as the ‘executor’s year’. They are not obliged to distribute the estate before the end of these 12 months.

However, you still have the right to be informed and to receive an update at any time.

Interest will be charged if estates are not paid within this year.

Interest is only due from the end of the executor’s year, not from the date of death. It is based on the base rate to be paid on court fees (unless the will provides otherwise).

From September 2, 2022, the basic rate for court fees has been increased from 0.94 percent to 1.313 percent.

You are also entitled to an account of estate activities.

What action can you take now?

You have already correctly attempted to contact the company.

I recommend that you do this in writing to make it clear that your mother has seen a copy of the will and needs confirmation of estate activities.

You may want to mention that since a year has already passed, she will now owe interest.

The company needs your mother’s permission to contact you on her behalf. If it is easier, you can ask the company to write directly to your mother.

If you remain dissatisfied with the lack of communication and fail to resolve the issue with the person handling the case, ask the office for a copy of their complaints procedure and ensure you follow the process.