What to do if you have been left a gift in the will but the lawyers won’t talk to you
Posted On May 13, 2022
If you think a gift may have been left to you under a will, it’s natural to be curious about what that gift is or when you can expect to receive it. His first port of call should be the executor, usually a family member or friend of the deceased. If he is in good standing, they may tell you what was in the will, although they may not be able to tell you when you can expect to receive it.
WHY THE LAY EXECUTOR MAY NOT KNOW HOW LONG IT WILL TAKE TO RECEIVE HIS GIFT.
They may not know this information yet because distributing gifts to recipients is often the executor’s last job. Before distributing gifts, they should calculate the value of the estate, see if there is any tax due, pay that tax if necessary, pay debtors (people who owe money on the deceased or the estate), then and only then they can distribute the gifts. If they distribute the gifts early and it turns out they shouldn’t have been distributed, then they may be personally liable.
TALKING TO LAWYERS
If you have no luck discussing the matter with the executor of the estate, or if the executor cannot answer your questions, you may be tempted to contact the law firm that handles the estate on behalf of the executor.
There is nothing wrong with trying to contact lawyers. It is perfectly fine for you to call the law firm and ask to speak to the fee-payer who handles the estate regarding your will gift.
That said, you may not get the response you want, or no response at all. The attorney may refuse to speak with you. Don’t take it personally, it’s not about the attorney being deliberately uncomfortable or unpleasant, they’re not trying to cause you distress or dismissing your inquiry. There are strict rules that the attorney must follow or he could face serious consequences.
The law firm must follow the rules of confidentiality established by the Law Society. They have been instructed by the executors and not by you, this means that the executors are your clients and owe you a duty of confidentiality. This means that they cannot discuss the estate with you unless the estate has passed into probate, or it is time to deliver the gift or the executors give them permission.
It may seem strange that the attorney cannot speak to you, especially if they know that you are named in the will as a beneficiary. This is because, as stated above, the attorney is bound by certain rules, one of which is that the attorney can only speak to the executors about the will, until the will goes to probate and becomes a document. public.
I understand this can be frustrating, but losing your cool with a salaryman or your secretary won’t help, all you’ll lose your temper is that your calls may be blocked. As stated above, whoever wins the fee is not deliberately trying to make your life more difficult or unpleasant, they are bound by strict rules, and breaking those rules can have far-reaching consequences.
IS THERE ANY WAY TO SOLVE THIS PROBLEM?
Yes, it is possible for you and the attorney and the executor to work this out.
The best course of action is to talk to the executor and ask them to give the attorney permission to talk to you. Once the attorney receives your client’s permission, he can speak with you. They may ask for permission in writing to protect themselves, but once they receive it, you can discuss the estate and your potential gift with the attorney without a problem.
If your relationship with the executor is such that you may not give the attorney permission to speak with you, then you cannot force the attorney to do so. It may seem unfair and unfortunate, but if the executor refuses to tell the attorney that it is okay for him to talk to you, then there is nothing he can do about it.
But keep in mind that when attorneys apply for probate, the will becomes a public document and you will be able to see it in its entirety at that time.
You may just have to be patient.
In conclusion, if you want to see the will or discuss the process or progress of the estate, you will need to speak directly with the executor, wait until the will becomes a public document, or ask the executors to contact the law firm. and Request that the firm discuss the issues with you.