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Problems with probate

606 views 12 replies 2 participants last post by  Hild  
Discussion starter
7 posts · ed 2025
Apologies if I'm posting on an issue which is already on the forum, or if I'm posting this in the wrong place, but I would be very grateful for some advice.

An elderly relative of mine - resident in Cyprus and owning property there - ed away almost three years ago, and we are still waiting for the probate to be concluded. The lawyer, who is appointed the executor, has made very slow progress, and informed us (when we have asked for an update) of various issues which they claim have delayed the process. As far as I'm aware, the lawyer now appears to have all necessary documents to finally conclude the probate and allocate the money. I say 'as far as I'm aware' because there is now total radio silence - the lawyer is not replying to my emails or taking my calls.

So my question is, if you have a situation where a lawyer doesn't seem to be actively doing anything to conclude a probate and is not communicating with the beneficiaries, is there anything that can be done?

Thanks in advance..
 
(Edited)
Hi Hild

Was the lawyer also the executor of the estate? Cyprus' legal profession has a terrible reputation. I have lived and worked here as a Financial Adviser for 21 years and have seen more than one case where the lawyer/executor's fees, by the end of the process, were equal to the value of the estate. They even have a term for it 'eating the estate'

I sincerely hope this is not the case with you. My advice would be to regularly and systematically be in with the lawyer, becoming more asssertive and, when you reach the point, introduce the suggestion of a compaint to the Bar association and even the press.
 
Thanks for your reply and help.
The lawyer had made reference to their 'considerable costs', so we are apprehensive. Do lawyers have to justify their costs, for example with something like an itemised bill, and can costs be appealed? Or is that more trouble than it's worth? If the costs exceed the residue, whose share does that come out of? (There are several beneficiaries, inheriting various amounts)
 
Many lawyers will try to insert themselves as Executor as it gives them total control of the estate with no-one to answer to. It's a terrible situation. I have seen Wills where, even when the Testator insists on an individual executor they have been persuaded to add the lawter as a second executor, or inserted a clause instructing the executor to use that Law Firm.

If they know the costs are already considerable, they will have an amount to date. Ask for it. Insist on it. become the squaky wheel and make it clear to them that you will continue to pursue them. As executors they have legal responsibilities, similar to those of a trustee. Point out that you know this.

I'd be interested to know the name of the firm. Any way yo can message me offline in this forum?
 
So now things have moved on a little. Costs have been provided, although the lawyer sent them straight to the Bar Association (not to us), and the first we heard was of a 'claim being made against us'. They are extremely high and in our view, insubstantiated and unjustified. We now have to decide whether to appeal them via the CBA's Dispute Resolution Procedure.

On paper we have a very strong case, but we haven't been able to find out how much an appeal may potentially cost. Obviously we don't want to risk losing even more money if, for some reason, the CBA finds in the lawyer's favour.

Does anyone have any experience of this procedure, and how much it could end up costing us?
 
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