probate and solicitors

jojospratt

hi i hope you can help my gran passed away and left a will, she made me and my sister executors and we inherit everything, we now have a completion date for the sale of the house and my solicitor has told us she is going to leave her file with a colleague as she is going on holiday and she wont release any funds till she comes back, does she have the right to do this, probate has been granted, thanks need help

WestonDave

When is the completion date in relation to her return from holiday - if it completes this Friday and she isn't back until September then its out of order. If it completes on Friday and she is back on Monday then its not. Are the solicitors dealing with the estate or just the sale of the property? I'm guessing you've picked a small firm with insufficient back up when people are on leave, but even so it shouldn't be beyond the wit of the solicitor to leave instructions for at least some of the funds to be paid out on completion day if that is what you want. If you aren't happy ask for the name of the complaints partner - usually changes their minds on being co-operative!

thenudeone

I suggest that you make it clear that you expect the relevant level of cover to be able to send your funds as soon as they are available. These days bank transfers (including CHAPS) can be done from anywhere in the world that has an internet connection.

Remember that if you are the executors then you can choose which solicitors or conveyancers you use to transfer ownership. If you are not happy after raising the issue with them, you can move to another firm (although the costs may increase).

jojospratt

Hi thanks for your replies, the same solicitor is dealing with the probate and the sale of the house, we are completing on the 20th august and she doesnt return until the 1st september, she has said that she will pass the file to a colleague but wants to sort the money out herself, she also dipping into the money she has for her fees and hasnt even gave us a final bill

WestonDave

You're unlikely to be completing on the 20th August as that's a Saturday! To be fair a week which is effectively what this is, is fairly normal bearing in mind that once the money is in, she will have to settle other costs such as probate fees before she knows exactly how much is due back to you. It should however be possible to get an amount paid out on account to each of you if you are desperate for the cash.

jojospratt

Sorry the 22nd lol, that is the date they want to be completed by

opinions4u

she also dipping into the money she has for her fees

This isn't unusual. While I'm sure you could ask for an interim bill, everything should be properly accounted for in the final invoice.

chattychappy

Anyone interested in the rules solicitors must follow on client money can find them here: http://www.sra.org.uk/solicitors/code-of-conduct/accounts-rules/part-b-accounts-rules.page#r19-1-b

opinions4u wrote: »

This isn't unusual. While I'm sure you could ask for an interim bill, everything should be properly accounted for in the final invoice.

See rule 19(2) for the way they are supposed to do it.

The old joke:
SRA guy: Where's the client account?
Solicitor: Parked outside

thenudeone

jojospratt wrote: »

Hi thanks for your replies, the same solicitor is dealing with the probate and the sale of the house

It is probably a bit late now but if YOU (not the solicitor) are named as the executor, you don't need to use a solicitor for probate. If you are thorough and diligent you can do it yourself and save a bundle.
Which? have a book which takes you through the whole process.
I would still use a solicitor for conveyancing a property, though.

dzug1

The solicitor (if she has not already done so) want to be 100% certain that there are no outstanding debts, etc, owed by the deceased.

Many solicitors have a policy of not paying out until 6 months after the date of probate - it allows them to advertise for creditors and be sure no nasties crawl out of the woodwork.

chattychappy

dzug1 wrote: »

Many solicitors have a policy of not paying out until 6 months after the date of probate - it allows them to advertise for creditors and be sure no nasties crawl out of the woodwork.

Yep. But what they are "must" do and are entitled to do differs depending on whether they are acting as executors or acting for executors.