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You got a windfall from his estate, your uncles last few years were spent in more comfort as a result of a grant and now the council can help someone else - I would say this is a win-win situation. But you want to take legal action!!!
Maybe your bereavement has affected your sense of perspective, or maybe the probate process has brought out the vultures.0 -
Did you ask the company to sort out probate and settle the estate as quickly as possible or did you ask them to maximise the value of the estate coming to the beneficiaries? If their remit was merely to settle the estate, they have fulfilled that duty. They have no duty to tell you that if they hold off for a while, you'll be entitled to more. It has been an expensive lesson but you have now learnt that you have to give instructions which reflect what you want - it is not the professionals job to differentiate between what you said and what you actually meant.0
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Did you ask the company to sort out probate and settle the estate as quickly as possible or did you ask them to maximise the value of the estate coming to the beneficiaries? If their remit was merely to settle the estate, they have fulfilled that duty. They have no duty to tell you that if they hold off for a while, you'll be entitled to more. It has been an expensive lesson but you have now learnt that you have to give instructions which reflect what you want - it is not the professionals job to differentiate between what you said and what you actually meant.
On the contrary, I think it was a duty of the solicitor acting on your behalf to advise you of this issue as soon as he found out. In your position, I would make a formal complaint to the senior partner of the law firm and see what he says.
The problem may be that the sale may have been a done deal before the solicitor found out about the grant. Which part of the country is the property situated in?No reliance should be placed on the above! Absolutely none, do you hear?0 -
On the contrary, I think it was a duty of the solicitor acting on your behalf to advise you of this issue as soon as he found out. In your position, I would make a formal complaint to the senior partner of the law firm and see what he says.
The problem may be that the sale may have been a done deal before the solicitor found out about the grant. Which part of the country is the property situated in?
I'm with you on this one. Any professional person, no matter what their instructions, should raise this as a major issue upon discovery and then allow the client to make an informed choice.
However, whether the grant re-payment could actually be avoided after death is another matter.0 -
I agree with GDB and JQ. I also think people should be less judgemental - so what if this is a windfall for the OP? The solicitor has a duty to act in the best interests of their client, not to suit the feelings of anonymous posters who are choosing to assume the worst of the OP.3.9kWp solar PV installed 21 Sept 2011, due S and 42° roof.
17,011kWh generated as at 30 September 2016 - system has now paid for itself. :beer:0 -
I hope that all that judgemental stuff goes whoosh past the OP. You always get it on usenet/forums.No reliance should be placed on the above! Absolutely none, do you hear?0
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Such a shame- it would be one thing if there was a lot of time left for the grant period to end, but missing the cut off point by a matter of months is very frustrating. I think you should definitely follow this up, if this company was being paid to raise issues like this and didn't then that is a massive error on their part and would want to get to the bottom of it. Out of curiosity how much was the original grant? A third of the estate sounds a lot to have to pay back!
Funny that on a money saving site so many people seem to think you should just be prepared to let tens of thousands of pounds go, I doubt they would feel that way if they were in your situation!0 -
Have you complained to the solicitors and what did they say?0
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