Solicitor delaying probate

This is a common and frustrating problem. There are several practical and legal routes available to you depending on the circumstances. Let me walk through them in a sensible order.

Understanding the context:

Before deciding on a course of action, it helps to clarify a few things. Are you a beneficiary, an executor, or a co-executor? Is the solicitor acting as the executor themselves (sometimes appointed under the will), or are they acting on the instructions of a lay executor? How long has the delay been, and has the solicitor given any explanation? The answers to these questions affect which options are available to you and how strong your position is.

Informal steps first:

1. Write a clear, firm letter or email to the solicitor setting out your concerns. Be specific about what has been delayed, how long it has taken, and what you are waiting for. Ask for a realistic timetable with dates for the key remaining steps.

2. If you have not already done so, ask for a full update on the current position of the estate administration, including what has been done, what is outstanding, and what is causing the delay.

3. Ask to see the estate accounts or a breakdown of the assets and liabilities so you can understand whether the delay is caused by genuine complexity, third party issues such as HMRC or property sales, or simply inaction.

Formal complaint to the firm:

If the informal approach does not produce results, make a formal written complaint using the firm's own complaints procedure. All solicitors' firms are required to have one. They must acknowledge and respond within defined timescales. This creates a paper trail and is a necessary first step before escalating to the Legal Ombudsman.

Legal Ombudsman:

If the firm does not resolve your complaint satisfactorily, you can escalate to the Legal Ombudsman. The Legal Ombudsman deals with complaints about poor service, which includes unreasonable delay. You normally need to complain to the firm first and allow them eight weeks to respond, or have received a final response you are unhappy with. There is a time limit of one year from the date of the act or omission you are complaining about, or one year from when you should reasonably have known there was cause for complaint. The Legal Ombudsman can order the solicitor to put things right and can award compensation of up to 50,000 pounds.

Solicitors Regulation Authority:

If the solicitor's conduct goes beyond poor service and amounts to professional misconduct, dishonesty, or a serious breach of the SRA Standards and Regulations, you can report the matter to the Solicitors Regulation Authority. The SRA does not handle service complaints or award compensation, but it can investigate and take regulatory action against the solicitor. Relevant concerns might include failure to act in the client's best interests, lack of competence, or failure to deal with estate money properly.

If the solicitor is the executor:

This is a particularly difficult situation. Where a solicitor has been appointed as executor under the will, they have a legal duty to administer the estate with due diligence and within a reasonable time. If they are failing to do so, beneficiaries have the right to apply to the court under section 50 of the Administration of Justice Act 1985 to replace the executor, or under the court's inherent jurisdiction. The court can remove an executor and substitute another person where there is clear evidence of unreasonable delay, failure to act, or mismanagement.

Beneficiaries can also apply to the court under section 44 of the Administration of Estates Act 1925 for an order compelling the personal representative to produce accounts and provide information about the estate administration.

If the solicitor is acting for a lay executor:

The executor is the client and has the right to instruct the solicitor to act more quickly, to set deadlines, or ultimately to sack the solicitor and instruct another firm. If you are a beneficiary and not the executor, your leverage is more limited, but you can still write to the executor setting out your concerns and reminding them of their duty to administer the estate within a reasonable time. If the executor is also dragging their feet, you may have grounds to apply to court to compel them to act or to seek their removal.

Practical considerations:

There is no fixed legal deadline for completing probate, but as a general guide, straightforward estates should usually be administered within twelve months of death, sometimes referred to informally as the executor's year. Complex estates may take longer, but the reasons for any extended delay should be explained.

Costs are always a factor. Court applications involve fees, potential legal costs, and the risk that costs may come out of the estate. That said, the mere threat of a formal complaint or court application can often be enough to prompt action.

Suggested order of action:

1. Send a clear written request for an update and timetable.
2. If no satisfactory response, make a formal complaint to the firm.
3. If still unresolved, complain to the Legal Ombudsman.
4. Report to the SRA if the conduct is serious enough.
5. Consider a court application only as a last resort, particularly if the solicitor is the executor and refuses to act.

If you can tell me more about your specific situation, including your role in the estate and how long things have been going on, I can give you more targeted advice on the best next step.