# Probate problems



## BanjoP (Jun 8, 2017)

Hello - I have researched this and other forums so I hope that I am not repeating old questions. I am writing on behalf of my husband whose father passed away in Cyprus in January. My husband went out to Cyprus and already had a copy of a will and found the solicitor in paphos it was lodged with. Husband is named executor and assets are to be shared between him and two siblings. There is some money in the bank account, a car and an apartment. Title deeds are with solicitor. Nothing complex. Husband went with solicitor as named in Will to use for admin. 
On this first trip he attended court a couple of times with Solicitor and attended the Mukhta alone and signed a power of attorney as instructed. On return he provided evidence of earnings etc as requested. Then nothing heard at all. 
Husband returned to cyprus just three weeks ago requesting an appointment for update. Solicitor dragged him to court and insisted that he hand over the executorship. The probate officer also was insistent that this needed doing. We only want him to administer the Will in court for us. By phone I told my husband that I did not think we should do this (after forum research). We have repeatedly asked for a summary of costs and the process. None of this has been provided. The solicitor was not happy and my husband soon returned to England with nothing movingforward.
Solicitor then emailed asking for some money and we replied stating we would but reiterated that we would like costs and plan set out. This resulted in a very petty email about blackmail and has really upset us. 
So really I am after some reassurance and advice please - 
do we have to stay with this solicitor as he was named to use on Will? 
How would we cancel him and get all our original paperwork back? 
We have lots of questions but I would be so grateful for some input. Thank you.


----------



## Veronica (Apr 5, 2008)

I would recommend you find another solicitor. As executor your husband can choose who to use and it sounds as though the one you are using is not to be trusted.
A new solicitor will demand all your paperwork be transferred to him.


----------



## BanjoP (Jun 8, 2017)

Thank you..


----------



## BanjoP (Jun 8, 2017)

The wording on the Will is as follows...does this tie us to him ? Look forward to your thoughts.

"7. It is my wish that all legal matters relating to the administration of my Estate be undertaken by the Law office of..."


----------



## PeteandSylv (Sep 24, 2008)

BanjoP said:


> The wording on the Will is as follows...does this tie us to him ? Look forward to your thoughts.
> 
> "7. It is my wish that all legal matters relating to the administration of my Estate be undertaken by the Law office of..."


Your Father fell into the trap that many of us have read warnings about. There is nothing a lawyer here wants to do more than retain control over the will and probate so they can claim enormous fees for the little they do.

As the lawyer drafted the will I suspect that it is valid and binding in law and may need a court to break the clause if you can show good reason to do so.

Unless someone with more knowledge than me can advise otherwise I suspect that you are stuck with the situation and that the cost in time, money and stress will be prohibitive to force change.

Pete


----------



## BanjoP (Jun 8, 2017)

Pete - thank you so much. That is sadly the conclusion we think we are stuck with and are at a bit of a loss. Thanks.
Sam


----------



## MollyChil (Mar 14, 2015)

Any updates on how you have got on with probate?


----------



## BanjoP (Jun 8, 2017)

MollyChil said:


> Any updates on how you have got on with probate?


Hi - No we have not really moved forward. No communication from Cyprus since July and still no access to any money. A really miserable situation..


----------



## MollyChil (Mar 14, 2015)

Have you been in touch with another Solicitor?


----------



## BanjoP (Jun 8, 2017)

Anyone we have spoken to said that he has the control and that can not be changed now..


----------



## MollyChil (Mar 14, 2015)

If your husband is executor of the will, then it should be up to him to decide. Have you taken professional advice?


----------



## BanjoP (Jun 8, 2017)

Yes some advice. The wording of the will says solicitor is administrator and that is the wish of father in law (in will). we have been told we can not change it. it is awful though and last we heard from solicitor he was talking about blackmail and did not answer any of our questions but stated he would get his money in the end. We have not had any breakdown of costs or update on progress ? ! So very much in limbo and paying out of our own money still for bills in property etc.


----------



## MollyChil (Mar 14, 2015)

BanjoP said:


> The wording on the Will is as follows...does this tie us to him ? Look forward to your thoughts.
> 
> "7. It is my wish that all legal matters relating to the administration of my Estate be undertaken by the Law office of..."



From what I can understand it was a wish that the law office does the administration of the estate, but your husband is still the Executor!

I would seriously seek professional advice, otherwise you could be well land truely fleeced of the estate.

Such an awful experience for you to go through.


----------



## BanjoP (Jun 8, 2017)

Thank you. yes he is remaining executor and will not sign it over but think we are stuck with solicitor for admin - of which nothing is happening? Thank you for your input.


----------



## MollyChil (Mar 14, 2015)

I wish you good luck and hope it all gets sorted very soon. Please keep us updated. Regards


----------



## SandT (Dec 1, 2016)

Try this firm, they may be able to help.
Is there is a Law Society in Cyprus? ~ The Cyprus Informer

Terry


----------



## BanjoP (Jun 8, 2017)

*Almost 3 years!!*

So I thought I would give you all an update - and no doubt ask for help again!

A brief summary - Father in law passed away January 2017. He had a will. It stated his estate (apartment, car, some money) go to his surviving three children. My husband named as executor but solicitor named as administrator. Very straightforward.

The matter is still not resolved and we are still paying out for the property maintenance etc .. The car was also stolen and so we have lost that.. 

So in December last year (2018) we had confirmation that the court had been notified of the last testament and my husband was sworn as executor.. Lots of back and forth with solicitor with promises of resolution in feb, then may, then June, then sept etc!! 

So he has just come back by email saying my husband now needs to attend to swear an affidavit in court. Will this be the end of our nightmare? We have no idea on fees as he would not agree any with us. Can we hope to have the deeds and access to account handed over? 

Any advice would be very gratefully received. We have had three years of paying out for a property that we will just want to sell and a stolen car and a lot of heart ache. My husband will book to come out from england but we are just trying to getit straight to hopefully finalise everything. 

Sorry it is a bit long! Thanks


----------



## nhowarth (Dec 6, 2017)

Hi BanjoP

Unfortunately, this situation isn't "Very straightforward" because your late father-in-law appointed a lawyer to administer his estate.

It used to be the case that Cyprus Bar Association required lawyers to charge minimum fees for out-of-court work, which included fees for the administration of estates (which bore no relationship to the work done as they were effectively a fixed proportion of the value of the estate.)

You can find an English translation of the regulations at Cyprus Bar Association Minimum Fee Regulations (the fees for the administration of estates are in Annex F on pages 20 – 22.)

Any lawyer who failed to charge clients according to the Minimum Fee Regulations faced disciplinary action by the Cyprus Bar Association including being struck-off!

Furthermore, as there were no maximum fees, lawyers could charge estates whatever they liked and would usually get away with it.

I complained to the European Commission in 2012 and received a reply a year later:

_"Cypriot authorities informed us that the minimum published fees apply only when there is no written agreement between the parties.

"Therefore, in the absence of any further proven violation of EU law. we will accordingly proposing that the Commission services close your case in respect of the issue of minimum fees."_

Then, in 2014, I was contacted by a Cypriot living in London who was infuriated that the administration of his late aunts' estate had cost small fortune by the lawyer.

With the aid of a London firm of barristers he took the case to the European Court who ruled that the Minimum Fee Regulations were anti-competitive and the Cyprus Bar Association abolished the Minimum Fee Regulations and the Advocates Law was changed. (See Lawyers minimum fees in the bin.)

I don't know if the above will help your case, the change in the law may have come too late. But for other people considering appointing their lawyer to administer their estate:

*As the Minimum Fee Regulations have been consigned to the litter bin, anyone wishing to engage the services of a lawyer in Cyprus to draw up their Will, act as their Power of Attorney, administer their estate, etc., etc. can shop around and get competitive written quotations for the work.

It is also vital that if the work involves the administration of the estate the agreed fee is written into the Will.*

Regards,


----------



## BanjoP (Jun 8, 2017)

Thank you Nigel.


----------



## GSmith (Nov 9, 2015)

This sounds very familiar, send me a PM with the name of the lawyer.


----------



## GSmith (Nov 9, 2015)

This sounds very familiar, send me a PM with the name of the Lawyer


----------



## nhowarth (Dec 6, 2017)

Hi Garry - unfortunately this is all too familiar!


----------



## Bluewhale (Feb 4, 2016)

Hi,

I have a similar situation however there is nothing written into the will that says the advisor who drafted the will is name as administrator, so I have more flexibility than the OP.

The relationship with the advisor has been somewhat strained at times but by agreement they are proceeding with obtaining probate. I have possession of the will and am named as the executor.

However, since I do not live in Cyprus I have appointed a separate solicitor to act as administrator. They are basically just checking and signing documents prepared by the advisor and they have given me a reasonable outline of how much this is likely to cost, though not a definite quote.

Should I be worried about anything?


----------



## nhowarth (Dec 6, 2017)

Hi Bluewhale

You seem to have covered everything, but the proof of the pudding...

Probate can take quite some time here - up to a year. And as the courts are still not fully functioning, it may take longer.

Regards,


----------

