Introducing our Legacy Recovery Portal: a time efficient solution for executor response challenges

With the help of our Client Solutions team we have developed a new Legacy Recovery Portal

In our previous article, we discussed charities' rights as beneficiaries and the steps that can be taken if you are struggling to get a response from an executor

Our Portal has been specially developed for those tricky cases where communications have stalled, or executors aren't engaging with you.

When can the Portal be used?

This service has been designed for any legacy that has hit a brick wall.

• Whether you have never had any contact from the executor, despite trying to establish contact on numerous occasions, or if you have had some contact but, for whatever reason the communication has come to a grounding halt, the Legacy Recovery Portal can be used.

• Perhaps you have a lay executor who has instructed a solicitor, but you are facing a wall of silence, or a professional executor seems to have forgotten their obligations to keep you updated and to progress the administration in a timely manner.

• Where payments have been received but the estate accounts have not been forthcoming or where there are queries that remain unanswered, instructing us via the Legacy Recovery Portal can ensure that your charity has complied with its obligations to the Charity Commission and your auditors.

The Legacy Recovery Portal can accommodate all types of legacy for example specific, pecuniary, residuary gifts and / or active trusts. Once your instruction is submitted, we will send you a tailor-made letter, dependant on the particular circumstances of the estate and legacy, for your approval. It can also be utilised for any type of executor; whether the executor is a professional executor, a lay executor, a lay executor instructing a solicitor to act on their behalf or any combination of the above.

Lastly, we recognise that often your charity is named along with other charitable beneficiaries and as such it is possible for the lead charity to complete the instruction on behalf of the other charities who also wish to instruct us.

How does it work?

The instruction can be submitted by legacy professionals through the portal which is accessed easily through a hyperlink. The portal will guide you through a form which asks for the relevant information. There is also a simple drag and drop function for you to upload key and supporting documents such as a copy of the Will and Grant of Probate. Once the instruction has been submitted our team are instantly notified, conflict checks will be carried out and then you will receive confirmation of our instruction. The team will then review the matter and send you a letter for you to review and approve.

If the executor or their solicitors do not respond within a set time frame a chaser letter will be drafted and sent to you for your review.

What are the benefits?

• Cost effective: This streamlined process means that we can offer the service at low cost.
• Time efficient: We will provide you with a draft letter to review and approve one week from instruction.
• Collaborative: Multi charity instruction is possible, and the costs can be shared between charities.
• The offering is for one initial letter and a follow up if no response is received.
• Foot Anstey will automatically send out the second draft letter for review and approval if no response is received in the given time frame.
• Portal is quick and easy to use having been developed by legacy professionals for legacy professionals.
• Solicitors chasing other solicitors has a greater impact.

What are the costs and where can I access the link?

We want to make this service accessible to all, whatever the size of your charity and value of the legacy. The fee is therefore fixed at £200 plus VAT and this can be shared between co-beneficiaries (pro-rata or equally).

Access the portal here.

If you have any questions regarding this service, please do not hesitate to contact Emma Facey or Jhenna Mortimer.

Examples of our success to date

We have been trialling this behind the scenes and wanted to share some examples of when our clients have used the portal.

• Re G – The solicitors instructed by the accountant executor advised they were ready to conclude the estate for over a year but could not obtain instructions from them. Upon receipt of our letter the accountant executor contacted us to apologise and arranged to finalise the estate.
• Re J – Our clients had never heard from the probate practitioner despite the fact the Grant had been obtained some two years prior. The executor was ignoring all communications. Upon receipt of our letter the probate practitioner instructed solicitors and we were advised that the estate was subject to litigation and our clients are now being kept informed.
• Re D – Our clients had never heard from the lay executor despite the fact the deceased had passed away in 2015. Our legacy administration team were dealing with the matter for our client and sent a letter on Foot Anstey letter headed paper. Unfortunately, the lay executor ignored the letter, but we then sent the legacy recovery letter which prompted the lay executor to instruct solicitors to represent them and action is now being taken to finalise the estate and make payment to our clients.