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    • HeartHome
    • By HeartHome 6th Oct 17, 10:43 AM
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    HeartHome
    Solicitors responsibilities to beneficiaries and executors
    • #1
    • 6th Oct 17, 10:43 AM
    Solicitors responsibilities to beneficiaries and executors 6th Oct 17 at 10:43 AM
    When a solicitor is instructed to deal with a will what are their responsibilities to the executors and the beneficiaries? Is there chapter and verse i can quote?

    I thought they had to act in the best interests of all the beneficiaries according to the wishes expressed in the will? And they also have a duty to explain everything to the executors and keep them all informed?

    The solicitors dealing with the will in question tried to end a trust set up in the will, (the family home was put in a trust for the deceased children and step child to be distributed when the deceased wife dies)this would have meant the two children in the will would loose all the money from the sale of the house and it would all go the the step daughter.

    They didn't explain anything about what they were doing to the son who is an executor. He is also one of the trustees for the trust. They have not explained his liabilities as far as the trust is concerned either.

    Also is there anywhere you can go to for help when you think a solicitor may be acting improperly, to get advice, without having to engage another solicitor at high cost? (Money is an issue)
Page 1
    • getmore4less
    • By getmore4less 6th Oct 17, 11:55 AM
    • 29,999 Posts
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    getmore4less
    • #2
    • 6th Oct 17, 11:55 AM
    • #2
    • 6th Oct 17, 11:55 AM
    The executor can sack the solicitor unless they let the solicitor apply for the grant in their names and not the executors.
    • Yorkshireman99
    • By Yorkshireman99 6th Oct 17, 12:41 PM
    • 3,155 Posts
    • 2,480 Thanks
    Yorkshireman99
    • #3
    • 6th Oct 17, 12:41 PM
    • #3
    • 6th Oct 17, 12:41 PM
    When a solicitor is instructed to deal with a will what are their responsibilities to the executors and the beneficiaries? Is there chapter and verse i can quote?

    I thought they had to act in the best interests of all the beneficiaries according to the wishes expressed in the will? And they also have a duty to explain everything to the executors and keep them all informed?

    The solicitors dealing with the will in question tried to end a trust set up in the will, (the family home was put in a trust for the deceased children and step child to be distributed when the deceased wife dies)this would have meant the two children in the will would loose all the money from the sale of the house and it would all go the the step daughter.

    They didn't explain anything about what they were doing to the son who is an executor. He is also one of the trustees for the trust. They have not explained his liabilities as far as the trust is concerned either.

    Also is there anywhere you can go to for help when you think a solicitor may be acting improperly, to get advice, without having to engage another solicitor at high cost? (Money is an issue)
    Originally posted by HeartHome
    Are yoiu one of the executors? It depends on the exact terms of engagment between the executors and the solicitors. The executors have a duty to deal with the estate according to the law. They don't act for the beneficiaries directly. If they have acted according to the law then the fact that a particular beneficiary has "lost out" is just one of those things.
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