Solicitor/ executor wont pay beneficiary

scotsbob

pelirocco wrote: »

The executor would havebeen appointed by deceased , thats the client relationship surely?Why wouldyou expect the work to be done for free?

That is correct, the beneficiary/OP is not the client. The client relationship was between deceased and solicitor.

Where in my post do I suggest I expect the work to be done for free?

Willman_Rodders

Efpom wrote:

As I wrote in my earlier post -The position I take is that the solicitor is not entitled to get the confirmation she wants as a condition of me getting my funds, nor should I be kept out of my money until any dispute which may arise is settled.

Sorry Efpom, but you are not correct.

The following is extracted from Parker and Mellows 'The Modern Law of Trusts' by A J Oakley and published from Sweet & Maxwell - a highly respected and comprehensive source of law relating to trusts.

'When a trusteeship comes to an end, the trustees are entitled to put themselves into the position in which no further disputes can be raised about the payments to beneficiaries. To achieve this they are entitled to present their final accounts to the beneficiaries and to require them to give a formal discharge from the trusteeship. If the beneficiaries refuse, the trustees may have the accounts taken in court, that is, examined by an official of the Chancery Division, at the expense of the trust fund and in that way obtain confirmation that those accounts are in order.'

RobertoMoir

efpom wrote: »

First of all, I am grateful for the time that contributors have taken to comment on my posting.

However, and its probably because I did not explain properly, the bill I describe is said by the solicitor firm to be its final bill. It has apparantly moved the amount of the bill from the client account to its office account.

The issue is not about the bill per se. It is about the fact that the solicitor executor will not release the funds which she says are due to me, UNTIL I as the residuary legatee confirm to her that I do not dispute the content of her bill.

As I wrote in my earlier post -The position I take is that the solicitor is not entitled to get the confirmation she wants as a condition of me getting my funds, nor should I be kept out of my money until any dispute which may arise is settled.

I would be grateful for any advice as to whether the position I take is correct.

Well no. IIRC, the proceeds of the estate can't be released until all charges against the estate are settled. This would include the fees and expenses of the executors. Which, as someone pointed out already, are probably increasing each time you make them send you a letter advising you that in order to move things forward you need to either sign things off or indicate what it is you dispute. At the end of the day though its your money to waste I suppose.

SailorSam

Is there a lesson to be learned here.
If we'd like our beneficiaries to receive more from our estates after we're gone,
is there a need to appoint a professional executor.

efpom

I am most grateful to Mr. Rodders for the erudite reply and the time he has taken to look up the reference work. I take the point, which has been very helpful in sharpening the focus of this issue. However, and recasting the question in the light of the reply "Is the firm entitled to hang onto (all of) the funds until any dispute is resolved?"

Ther is one further point. I am surprised that the firm, did not in the circumstances, tell me that the reason it was seeking my agreement to its bill was because of the principle outlined in Mr. Rodder's reply.

RobertoMoir

efpom wrote: »

I am most grateful to Mr. Rodders for the erudite reply and the time he has taken to look up the reference work. I take the point, which has been very helpful in sharpening the focus of this issue. However, and recasting the question in the light of the reply "Is the firm entitled to hang onto (all of) the funds until any dispute is resolved?"

As far as I know: Yes.

efpom wrote: »

Ther is one further point. I am surprised that the firm, did not in the circumstances, tell me that the reason it was seeking my agreement to its bill was because of the principle outlined in Mr. Rodder's reply.

You're right, this does seem unhelpful. Are you sure it wasn't mentioned in the middle of a massive list of terms earlier on in the process? (Not that this excuses them failing to remind you of this later too!)

McKneff

But how does he know how much to send you.
You wont agree his bills which would be deducted before your inheritance is sent to you.

ukmaggie45

The solicitor dealing with my parents Estates has released some of the funds even though there is work remaining to be done. (Parents died over 2 years ago) The other beneficiaries have had their legacies, and I have had funds given to me too (I am the residual beneficiary).

There are funds in the client account that we will be able to draw on to fund a house purchase, and most of the bonds and equities have been transferred to my name. Our solicitor has taken a first payment for their firm as agreed, and I'm sure that they are keeping back sufficient to pay the rest when they are able to finalise the accounts.

I believe it is normal to keep some of the funds back for some further time in case any other debts of the Estate come to light, possible for a couple of years?

I don't see why your solicitor can't release at least a proportion of the money he is holding.

Maybe I should point out that my parents' Estates have been complex to sort out, mainly because the original solicitor (named as co-executor with OH) didn't do a proper job. So our current sol has been sympathetic to the fact we need to get on with the rest of our lives while they sort out the mess.

If you're interested you can read about what's happened so far on my thread Solicitor slow over probate. Beware, it's very long! :eek:

I am in England - rules may be different in Scotland.

Trix2

Hi

I echo what Maggie has said. But also when we finished up the estate of my in-laws, the solicitor sent a similar but not so blatant letter, asking for our agreement on charges. We sent a bland and non-committal reply which seemed to suffice, and the funds were remitted to us.

Another point I made to the solicitor before the final accounting, was to ask if their company account was guaranteed for the sum - as it was when the banks looked liked toppling. At first I was told of course, but immediately afterwards they back-tracked and sent a cheque for part of the amount minus their fees and a bit more. I don't know whether a similar sort of query on your part would get them to release some of the funds.

This seems to contain a clear description of charges and procedure.

http://www.adviceguide.org.uk/index/your_rights/legal_system/using_a_solicitor.htm

Vomityspice

How much of the bill are you actually disputing? Does it make financial sense? i.e. If you are querying £200 then it's going to cost you more than that to resolve. The Solicitor won't care because they will get paid out of the Trust monies!

Your belief that money has been transferred from client to office account is unlikely. If you look on the SRA website, you can read all the rules we have to abide by. I am confident is suggesting the accounts manager at the firm dealing with the matter would under no circumstances do this (unless you are suggesting the firm is acting criminally?).

In addition, sending a snotting letter to the Solicitor is unhelpful. If you have a problem, talk to them about it. If it's a simple matter they can just abate the bill. Happens all the time. Being unpleasant won't get your money any quicker and the Solicitor is only asking for a release from their trust obligations. If they got this wrong, you would only be took quick to claim damages and compensation.

Sign the disclaimer and move on with your life.