Probate question
Posted: 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
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