Probate question

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andrews030960
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Joined: 31 Oct 2018 21:46

Probate question

Post by andrews030960 » 31 Oct 2018 22:00

Hi; new here, first post so apols if this is in the wrong place. Am happy to be directed wherever.

My mother died some years ago in Cyprus where she had lived for some time and owned property, car etc. We (brother, sister and I) have worked well to date with the solicitor nominated in the will albeit it has all taken far too long and been somewhat a painful process at times.

The latest development though concerns us and we'd be hugely grateful of any advice anyone can give:

The solicitor has asked us to sign declarations which state that "we have each received our share of the assets of the estate"; that we "discharge the solicitor as the Executor of the Estate from any further obligation" and that "anything payable or due for the Administration Grant of Probate purposes we hereby undertake to pay".

It is claimed that the signature of these declarations is required in order to complete the "probate finalisation" (whatever that means) and that any filings with the land department (presumably for transfer of title deeds to us) cannot happen without them.

This to us seems illogical - that we would sign a declaration which leaves our solicitor absolved of completing the process and which leaves us accepting an uncapped liability for costs for a process which we don't understand and which haven't been stated; and before we have actually received our share of the assets of the estate, principally the property.

Is this common practice and we should stop worrying about it? Grateful of any inputs please.

Steve



Nigel Howarth
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Re: Probate question

Post by Nigel Howarth » 01 Nov 2018 10:21

Hi Steve and welcome to the forum.

I've moved your question to the legal section. I know that obtaining a grant of probate in Cyprus can take a very long time.

I can't answer your question I'm afraid, but someone else here may - and I notice you've posted the question on another forum.

You could also contact another lawyer about these declarations. You'll find a list of lawyers produced by the UK Foreign & Commonwealth Office - a quick call to one of them may help.

Regarding the declaration "anything payable or due for the Administration Grant of Probate purposes we hereby undertake to pay" - has the lawyer advised you what the charges will be?

Regards,


Nigel Howarth
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Pantheman
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Re: Probate question

Post by Pantheman » 02 Nov 2018 09:34

Hello,

I cannot say for sure, but if it were me faced with these questions:

1. "we have each received our share of the assets of the estate";
2. that we "discharge the solicitor as the Executor of the Estate from any further obligation" and that
3. "anything payable or due for the Administration Grant of Probate purposes we hereby undertake to pay".

Firstly I would ask my self, did I receive my share Yes/No. If No then don't sign.

Secondly, Did the lawyer do his duty in full to be discharged Yes/No. If No don't sign

Finally, pay all dues, what are they, do I know what I am signing for Yes/No. If No don't sign.

There is no logical reason that the land registry would ask for these signatures that had no occurred. I smell a rat somewhere, you should seek a secon opinion about this. In fact you could go the the land registry and confirm if they do indeed need this before transfer. Because the way I see it, the lawyer needs probate first, a court judgement in order to be able to transfer any property over to you.


Something just doesn't add up here IMHO.


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andrews030960
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Joined: 31 Oct 2018 21:46

Re: Probate question

Post by andrews030960 » 04 Nov 2018 22:17

Thanks @Nigel and @Pantheman.

Will be looking for a (formal legal) second opinion on this.

Thanks again
Steve



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