Unfortunately you can’t walk into the solicitor’s office, and demand what many people mistakenly believe is their right. Your £150,000 will remain in your uncle’s estate until his will is wound up, and this can take a while.
As beneficiary, you have a potential right to receive your £150,000 after the estate’s debts are settled, and if the estate can afford it of course. However, you only have a legal right to actually receive the money after all the legalities are complete.
Your First Rights as Inheritor of a Portion of a Deceased Estate
1… You are entitled to know you are named in your uncle’s will
2… You do not have an automatic right to read the will right away
3… However, you are entitled to know what your inheritance is
4… The executor will decide on the process and implement the will
5… You may lodge an appeal in court but be mindful of the cost
What Happens in the Months Going Forward?
Your uncle will most likely have nominated an executor. If not, then the Probate Court will appoint one. The executor will apply for permission to close out your uncle’s estate in accordance with his wishes.
The government will award permission in the form of a Grant of Probate, which is the official legal term. If this is awarded then the will becomes a public record which you and anybody else with an interest can see.
You can contest the will if you have good reason to it is not a true expression of your uncle’s wishes, or he was under pressure or not mentally competent at the time. If you are successful – which is always a possibility – you could forfeit your £150,000 of course.
What Problems / Issues / Complications May There Be?
Not all executors are equally effective. This is quite probable if your uncle chose a friend with no experience of probate. In that case you may feel frustrated, or confused, or unsure why you have to wait so long for your £150,000.
1… They may take a long time to apply for their grant of probate and make mistakes
2… There may seem to be an unreasonable delay before they wind up the estate
3… The executor may fail to provide information, or not share the estate accounts
So How Long Will It Be before I Get My £150,000?
This is impossible to estimate until we know the details. We don’t know all the facts of the situation, and the legal complications that may be holding your uncle’s executor back.
They have to advertise the estate, invite claims by debtors, and pay the bills. An executor may be personally liable if they make wrong decisions.
Perhaps you should have a confidential discussion with the executor and put your questions to them.
Going to court is expensive, and could cost you good money. It may be wiser to stay in touch, bide your time and wait patiently for the money to arrive in your bank account.
More Reading
Tips for Administering Probate in a Potentially Insolvent Estate
