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Solicitor Lost My Deeds/Executor Behaving Badly
AndrewLothian
Posts: 1 Newbie
Problem With Solicitors: Missing Documents and Executor Conduct
I am currently dealing with two related issues of solicitor negligence, and am anxious to obtain proper advice.
Below is a brief summary of the two problems: missing documents and executor conduct. I would be delighted if anyone could help!
Missing Documents:
1. My father died last autumn.
2. There is one executor of his will, a professional solicitor.
3. There are two residuary beneficiaries, me and my sister.
4. My father owned a remote house in the country, now derelict and unoccupied for 15 years. This was accessed by a private road, shared with the local farmer.
5. It had been owned by my father since 1950. It was not registered with the Land Registry.
6. In early 2006 he gave the title deeds/conveyance documents/access documents to his solicitor, who offered to get professional advice on the status of access to the property down the private road (access was being disputed by the farmer).
7. A month later my father's solicitor sent the papers to a second solicitor in Wiltshire for his advice. My father's solicitor subsequently wrote to my father in June 2006 to confirm that he had legal access to the property, based on the legal opinion of the Wiltshire solicitor.
8. After my father's death, I wrote in October 2008 to my father's solicitor to say that my files indicated that he retained all the paperwork to this property, and would he please return it to the executor. I heard nothing.
9. A month later, in late November 2008, the executor rung me to say "the papers are lost".
10. Apparently, my father's solicitor never asked for the return of the papers from the firm he sent them to in Wiltshire. The solicitor handling the papers in Wiltshire has since left the firm and moved to another firm.
11. The firm in Wiltshire has no record of them. The solicitor who was with this firm, and was last responsible for the documents, claims he left them at the firm, but apparently did not create a file for them. My father's solicitor made no copies of the documents, and never requested them back. He did not keep a list of all the documents he sent, so it is unclear what documents were sent. None can be found.
12. My father's solicitor denies all responsibility, and says "it is nothing to do with me". Because I am not an executor he refuses to reply to my emails.
13. The firm in Wiltshire have no record of the documents, and admit no liability.
14. The solicitor who was at this firm, and who was the last to have the documents, does not answer any emails at all, except to say he does not have the documents.
15. The executor of my father's will [see below] has now granted me authority to pursue these firms. I have asked him since November to make a formal complaint to them but he has done nothing.
16. The cost of obtaining new documents, and solicitor's fees, will be at least £15,000.
17. The fall in value in the property, because of the loss of proper documents proving legal access, has been estimated at around £150,000 - a fall confirmed by the District Valuer. The property is essentially unsellable at the moment. There is no clear title, and no proof of legal access.
My questions therefore are:
a) Which of these solicitors, if any, is culpable? My father's solicitor, who failed to make copies of the documents, keep a schedule of them, or ever request their return? The solicitor in Wiltshire, who never created a file for these documents and cannot now produce them? His firm in Wiltshire, where he was employed when he was sent the documents?
b) What steps should I take to recover my costs?
c) Will the authority given to me by my father's executor allow me to complain to the Law Society (who offer up to £15,000 compensation)?
d) Is there a case for litigation here, given the fall in value by £200,000?
This is, however, only part of the problem.
Executor Problems
1. My father's solicitor, who was entrusted with these papers by my father in early 2006, and now cannot produce them, is a close friend of my father 's executor, and indeed recommended him for the position.
2. After conversations with the Law Society, I asked the executor in November to complain formally to my father's solicitor (and the other two parties) about the fact that he could not produce these papers. The executor did not reply and took no action. He did assure me that "you should not have to pay these costs", but did nothing.
3. In January he withdrew over £2,000 from my father's estate to pay for the phone calls he'd made trying to recover these deeds before he spoke to me and my sister. He has indicated that his costs for dealing with this will be about £15,000 (this does not include the cost of dealing with probate).
4. I wrote to him again on 21 January to ask what steps he planned to take to complain to these three firms of solicitors. He did not reply.
5. In early March I wrote to him again to ask what steps he planned to take. He wrote back saying that since my father's solicitor was a close friend of his he didn't want to complain to him. He wrote "my heart wouldn't be in it".
6. He said instead that he would give me authorisation to complain to these firms. I asked him instead to appoint me as another executor, as these solicitors clearly do not recognise the authority of anyone not an executor.
7. He told me it was impossible to create new executors for a will.
8. I then asked him not to have any further contact about this case with the solicitors involved. I noted also I was very disappointed that he had not revealed such a clear conflict of interest for over three months.
9. He wrote back to say he noted my remarks and would prepare the authority.
10. Then, a few days later, I received a copy of a letter the executor had written to my father's solicitor, his friend, the day after we spoke, which clearly indicated he had briefed this solicitor on the fact that my sister and I planned to make a formal complaint and possibly litigate. He also returned to my father's solicitor all the original correspondence files dealing with this matter. These were documents that would be vital to my sister and I in both proving title, and in any litigation proceedings. We had never seen these documents.
11. In sum, the executor appears to be acting not as the representative of the residuary beneficiaries but as the ally of his friend, against whom the estate potentially has a huge claim. Moreover, he has written to him despite agreeing to our request they had no further contact, and acknowledging a conflict of interest. Moreover, he has passed papers to him that my sister and I have not even had a chance to look at. Finally, he appears to be billing the estate for all this work.
[Please note that though the executor has found time to write to his friend to warn him of an impending complaint against him, and to supply him with potentially vital documents, he has not in the last four months made a single complaint to any of the firms involved in the loss of my father's papers.]
Therefore my questions here are:
1. Does this conflict of interest prohibit this solicitor from acting as an executor?
2. Does his behaviour constitute negligence?
3. Will the authority he gives me to pursue the other solicitors be good enough, or should I ask him again to add me as an executor?
4. Should he have declared this conflict of interest earlier?
5. Is his recent behaviour - writing to his friend, etc - as serious as it appears to me as a layman?
Conclusion:
I am very anxious to find someone who can give me advice on what the next steps I should take are. Since the executor is refusing to act in our support, and is apparently acting against the best interests of the estate, I feel very vulnerable. I cannot afford to fall out with him, since he controls all the funds my sister and I are due to inherit, yet he appears to be acting against us.
I would be happy to take guidance. Thank you!
I am currently dealing with two related issues of solicitor negligence, and am anxious to obtain proper advice.
Below is a brief summary of the two problems: missing documents and executor conduct. I would be delighted if anyone could help!
Missing Documents:
1. My father died last autumn.
2. There is one executor of his will, a professional solicitor.
3. There are two residuary beneficiaries, me and my sister.
4. My father owned a remote house in the country, now derelict and unoccupied for 15 years. This was accessed by a private road, shared with the local farmer.
5. It had been owned by my father since 1950. It was not registered with the Land Registry.
6. In early 2006 he gave the title deeds/conveyance documents/access documents to his solicitor, who offered to get professional advice on the status of access to the property down the private road (access was being disputed by the farmer).
7. A month later my father's solicitor sent the papers to a second solicitor in Wiltshire for his advice. My father's solicitor subsequently wrote to my father in June 2006 to confirm that he had legal access to the property, based on the legal opinion of the Wiltshire solicitor.
8. After my father's death, I wrote in October 2008 to my father's solicitor to say that my files indicated that he retained all the paperwork to this property, and would he please return it to the executor. I heard nothing.
9. A month later, in late November 2008, the executor rung me to say "the papers are lost".
10. Apparently, my father's solicitor never asked for the return of the papers from the firm he sent them to in Wiltshire. The solicitor handling the papers in Wiltshire has since left the firm and moved to another firm.
11. The firm in Wiltshire has no record of them. The solicitor who was with this firm, and was last responsible for the documents, claims he left them at the firm, but apparently did not create a file for them. My father's solicitor made no copies of the documents, and never requested them back. He did not keep a list of all the documents he sent, so it is unclear what documents were sent. None can be found.
12. My father's solicitor denies all responsibility, and says "it is nothing to do with me". Because I am not an executor he refuses to reply to my emails.
13. The firm in Wiltshire have no record of the documents, and admit no liability.
14. The solicitor who was at this firm, and who was the last to have the documents, does not answer any emails at all, except to say he does not have the documents.
15. The executor of my father's will [see below] has now granted me authority to pursue these firms. I have asked him since November to make a formal complaint to them but he has done nothing.
16. The cost of obtaining new documents, and solicitor's fees, will be at least £15,000.
17. The fall in value in the property, because of the loss of proper documents proving legal access, has been estimated at around £150,000 - a fall confirmed by the District Valuer. The property is essentially unsellable at the moment. There is no clear title, and no proof of legal access.
My questions therefore are:
a) Which of these solicitors, if any, is culpable? My father's solicitor, who failed to make copies of the documents, keep a schedule of them, or ever request their return? The solicitor in Wiltshire, who never created a file for these documents and cannot now produce them? His firm in Wiltshire, where he was employed when he was sent the documents?
b) What steps should I take to recover my costs?
c) Will the authority given to me by my father's executor allow me to complain to the Law Society (who offer up to £15,000 compensation)?
d) Is there a case for litigation here, given the fall in value by £200,000?
This is, however, only part of the problem.
Executor Problems
1. My father's solicitor, who was entrusted with these papers by my father in early 2006, and now cannot produce them, is a close friend of my father 's executor, and indeed recommended him for the position.
2. After conversations with the Law Society, I asked the executor in November to complain formally to my father's solicitor (and the other two parties) about the fact that he could not produce these papers. The executor did not reply and took no action. He did assure me that "you should not have to pay these costs", but did nothing.
3. In January he withdrew over £2,000 from my father's estate to pay for the phone calls he'd made trying to recover these deeds before he spoke to me and my sister. He has indicated that his costs for dealing with this will be about £15,000 (this does not include the cost of dealing with probate).
4. I wrote to him again on 21 January to ask what steps he planned to take to complain to these three firms of solicitors. He did not reply.
5. In early March I wrote to him again to ask what steps he planned to take. He wrote back saying that since my father's solicitor was a close friend of his he didn't want to complain to him. He wrote "my heart wouldn't be in it".
6. He said instead that he would give me authorisation to complain to these firms. I asked him instead to appoint me as another executor, as these solicitors clearly do not recognise the authority of anyone not an executor.
7. He told me it was impossible to create new executors for a will.
8. I then asked him not to have any further contact about this case with the solicitors involved. I noted also I was very disappointed that he had not revealed such a clear conflict of interest for over three months.
9. He wrote back to say he noted my remarks and would prepare the authority.
10. Then, a few days later, I received a copy of a letter the executor had written to my father's solicitor, his friend, the day after we spoke, which clearly indicated he had briefed this solicitor on the fact that my sister and I planned to make a formal complaint and possibly litigate. He also returned to my father's solicitor all the original correspondence files dealing with this matter. These were documents that would be vital to my sister and I in both proving title, and in any litigation proceedings. We had never seen these documents.
11. In sum, the executor appears to be acting not as the representative of the residuary beneficiaries but as the ally of his friend, against whom the estate potentially has a huge claim. Moreover, he has written to him despite agreeing to our request they had no further contact, and acknowledging a conflict of interest. Moreover, he has passed papers to him that my sister and I have not even had a chance to look at. Finally, he appears to be billing the estate for all this work.
[Please note that though the executor has found time to write to his friend to warn him of an impending complaint against him, and to supply him with potentially vital documents, he has not in the last four months made a single complaint to any of the firms involved in the loss of my father's papers.]
Therefore my questions here are:
1. Does this conflict of interest prohibit this solicitor from acting as an executor?
2. Does his behaviour constitute negligence?
3. Will the authority he gives me to pursue the other solicitors be good enough, or should I ask him again to add me as an executor?
4. Should he have declared this conflict of interest earlier?
5. Is his recent behaviour - writing to his friend, etc - as serious as it appears to me as a layman?
Conclusion:
I am very anxious to find someone who can give me advice on what the next steps I should take are. Since the executor is refusing to act in our support, and is apparently acting against the best interests of the estate, I feel very vulnerable. I cannot afford to fall out with him, since he controls all the funds my sister and I are due to inherit, yet he appears to be acting against us.
I would be happy to take guidance. Thank you!
0
Comments
-
this is a very troubling and complex matter - you are being forced into a position of immobility by both these collluding parties.
i really think your only course of action is to go to a different solicitor and ask them to give you advice as to the way forward.
As for probate - i did my own mothers probate - its simply a matter of adding up their assets and their liabilities.
i recently tried to sue a solicitor for professional negligence in the small claims court (your claim would be too large for that) and was told it was a case for a higher court, so, it would be very expensive.
you need to decide what you want
do yoiu simply want to sell the house ? i
n which case there may well be other ways to prove ownership even if deeds are lost - i am sure many folks have lost deeds in the past - the English Land Registry is most helpful to the general public in terms of explaining the law and your rights and how to act - give them a call
do you want to get rid of the executor ? - i dont know how to do that, but another solicitor would know
you can change your own probate solicitor at any time - then you would be able to see if he sent thru all the docs you say he has been hiding from you - as your new solicitor will let you see all the transferred docs if you ask
re the original lost documents - YOUR solicitor is at fault - not the other party - he had a duty of care to you - he should have copied and chased them up - but i suggest you leave this for a while and pursue the establishment of Title first.
best of luck0 -
What an absolute nightmare!
I think you really need to go and seek independant legal advise on this, but taking the soliceters to court is going to be very expensive, I would guess, best of luck, with it.Pawpurrs x
0 -
Have you spoken to the Legal Complaints Service in Leamington Spa? Their website is http://www.legalcomplaints.org.uk. They offer advice on poor service by solicitors:
It is possible to remove the executor and have a professional executor appointed instead. This is likely to be expensive but may be the only way you can sort out this tangle.It is likely that you've received poor service from your solicitor if they've- not done what you instructed them to do
- involved you in unreasonable delays
- given you inaccurate or incomplete information
- failed to reply to your phone calls and letters or keep you informed about what is going on
- failed to give you enough information about what they'll charge you before they begin your case or give you the final bill
0 -
Unlike the Scottish LCS, the English LCS does not help a non-client/third party, regardless of evidence of any wrong-doing from the solicitor/executors in question. Go to the CAB, ask solicitors who give free legal advice and, after researching about your rights/duties etc, continue on your path to justice. good luck. i am an executor/beneficiary dealing with corrupt executors & solicitors! If any one can advise about personal claims, please post it here asap!!!0
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