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    • secretregular
    • By secretregular 12th Jul 17, 7:47 AM
    • 7Posts
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    secretregular
    Low confidence in probate solicitor
    • #1
    • 12th Jul 17, 7:47 AM
    Low confidence in probate solicitor 12th Jul 17 at 7:47 AM
    I've been named as a beneficiary in my grandmothers estate. My mother has been named as the main beneficiary so has been dealing directly with it.

    My grandmother died in December and left a will dated 30 years ago. Its all been very complicated due to various family members not speaking to each other and executors having died or being too old to want the hassle. One executor was named as a solicitor at the firm who made the will, he has now retired. Another solicitor at the same firm has taken over everything and he is very slow and rude, we have little to no confidence in him, but he leads us to believe he is our only choice and my mother doesn't want to challenge this. He only applied for probate in May despite the estate being very small.

    He has now decided he wants a key to the house so he can visit "periodically", and I assume charge the estate (and therefore us) for the privilege. I don't want to give him a key, I don't feel its needed and I feel uncomfortable with the idea of someone my grandmother didnt know having free access to her private home. a family member is due to move in within the next few months so it is currently empty but being checked on every other day. He says he won't inform us when he visits either.

    Do we need to give him a key? He said if we don't he will get a locksmith, change the locks and charge it to the estate? Why does he need to visit?
Page 1
    • DigForVictory
    • By DigForVictory 12th Jul 17, 8:39 AM
    • 6,869 Posts
    • 18,267 Thanks
    DigForVictory
    • #2
    • 12th Jul 17, 8:39 AM
    • #2
    • 12th Jul 17, 8:39 AM
    He's not quite chucking his weight around, but he's certainly got you by the essentials. He's technically in the right to want to watch over the wellbeing of a major asset, and if he deems it necessary to change the locks, he can indeed charge that to the estate.

    The middle path is to discuss why he's not happy with the systems the family have in place for the care of the house.

    The likely end route if the family aren't happy with him is to prepare for the cost of replacing him. He'll have a price & it'll be uncomfortable, but being slow & rude are not necessarily faults in the legal profession.
    Best of luck!
    • TonyMMM
    • By TonyMMM 12th Jul 17, 8:55 AM
    • 2,404 Posts
    • 2,582 Thanks
    TonyMMM
    • #3
    • 12th Jul 17, 8:55 AM
    • #3
    • 12th Jul 17, 8:55 AM
    If a family member is willing to take over as executor you could ask the solicitor to step aside, but he may not agree and will certainly need paying for work done so far and there would have to be some negotiation.

    As he is the executor he has every right to visit the property he is responsible for.

    What does the will say about the house - is it left to an individual or is it to be sold ? If someone wishes to live in the house whilst it is still within the estate they will need his permission.
    • Keep pedalling
    • By Keep pedalling 12th Jul 17, 9:00 AM
    • 3,263 Posts
    • 3,486 Thanks
    Keep pedalling
    • #4
    • 12th Jul 17, 9:00 AM
    • #4
    • 12th Jul 17, 9:00 AM
    The estate can't be that small if there is a house involved. As a minor beneficiary there is little you can do, but the executor must have access to the house, if for no other reason than to value the contents.
    • secretregular
    • By secretregular 12th Jul 17, 9:02 AM
    • 7 Posts
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    secretregular
    • #5
    • 12th Jul 17, 9:02 AM
    • #5
    • 12th Jul 17, 9:02 AM
    Its been left to a few of us in trust, but the will said the family member who is moving in can live there indefinitely. They are moving in once probate has finished.

    We've said we're happy to meet him at the house to let him in whenever he wants to visit, he's declined and said he wants a key and will visit by himself.
    • Yorkshireman99
    • By Yorkshireman99 12th Jul 17, 9:19 AM
    • 2,637 Posts
    • 2,078 Thanks
    Yorkshireman99
    • #6
    • 12th Jul 17, 9:19 AM
    • #6
    • 12th Jul 17, 9:19 AM
    I've been named as a beneficiary in my grandmothers estate. My mother has been named as the main beneficiary so has been dealing directly with it.

    My grandmother died in December and left a will dated 30 years ago. Its all been very complicated due to various family members not speaking to each other and executors having died or being too old to want the hassle. One executor was named as a solicitor at the firm who made the will, he has now retired. Another solicitor at the same firm has taken over everything and he is very slow and rude, we have little to no confidence in him, but he leads us to believe he is our only choice and my mother doesn't want to challenge this. He only applied for probate in May despite the estate being very small.

    He has now decided he wants a key to the house so he can visit "periodically", and I assume charge the estate (and therefore us) for the privilege. I don't want to give him a key, I don't feel its needed and I feel uncomfortable with the idea of someone my grandmother didnt know having free access to her private home. a family member is due to move in within the next few months so it is currently empty but being checked on every other day. He says he won't inform us when he visits either.

    Do we need to give him a key? He said if we don't he will get a locksmith, change the locks and charge it to the estate? Why does he need to visit?
    Originally posted by secretregular
    As executor he is legally responsible for ensuring the estate assets are protected. As such having a key is quite reasonable and if you will not cooperate with him all that will happen is that his charges will increase.
    • getmore4less
    • By getmore4less 12th Jul 17, 9:51 AM
    • 29,141 Posts
    • 17,428 Thanks
    getmore4less
    • #7
    • 12th Jul 17, 9:51 AM
    • #7
    • 12th Jul 17, 9:51 AM
    a family member is due to move in within the next few months
    but the will said the family member who is moving in can live there indefinitely.
    why are they waiting a few months?

    if the will gives them a life interest then that can start now they get the key and start paying for the place so the running costs don't come from the estate.
    • troubleinparadise
    • By troubleinparadise 12th Jul 17, 10:38 AM
    • 950 Posts
    • 1,569 Thanks
    troubleinparadise
    • #8
    • 12th Jul 17, 10:38 AM
    • #8
    • 12th Jul 17, 10:38 AM
    why are they waiting a few months?

    if the will gives them a life interest then that can start now they get the key and start paying for the place so the running costs don't come from the estate.
    Originally posted by getmore4less
    And if the solicitor handling things hasn't explained that, why not?

    Are there personal items in the house that need distributing or selling, and the house cleared? Or is the solicitor waiting for Probate to be granted? That might explain the delay; but otherwise....?
    • secretregular
    • By secretregular 12th Jul 17, 1:40 PM
    • 7 Posts
    • 0 Thanks
    secretregular
    • #9
    • 12th Jul 17, 1:40 PM
    • #9
    • 12th Jul 17, 1:40 PM
    Apparently the solicitor has advised them not to move in until the 6 months is up in case someone puts in a claim or contests it as they won't have a secure home.
    • Yorkshireman99
    • By Yorkshireman99 12th Jul 17, 4:18 PM
    • 2,637 Posts
    • 2,078 Thanks
    Yorkshireman99
    Apparently the solicitor has advised them not to move in until the 6 months is up in case someone puts in a claim or contests it as they won't have a secure home.
    Originally posted by secretregular
    Which is quite correct. The solicitor would be liable if a claim were made.
    • Savvy_Sue
    • By Savvy_Sue 12th Jul 17, 9:44 PM
    • 37,487 Posts
    • 33,798 Thanks
    Savvy_Sue
    One executor was named as a solicitor at the firm who made the will, he has now retired. Another solicitor at the same firm has taken over everything
    Originally posted by secretregular
    I may be giving false hope here, but what does the will actually say about the executors?

    I am wondering if another solicitor at the same firm has the absolute right to take over his colleague's executorship? This may depend on the status of the other executors and what the will says in appointing them.
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    • Yorkshireman99
    • By Yorkshireman99 12th Jul 17, 9:52 PM
    • 2,637 Posts
    • 2,078 Thanks
    Yorkshireman99
    why are they waiting a few months?

    if the will gives them a life interest then that can start now they get the key and start paying for the place so the running costs don't come from the estate.
    Originally posted by getmore4less
    As a professional executor they have to wait six months to allow for any challenge to the will or a claim from a possible dependent. Failure to do that is a breach of their professional rules.
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