Information held by solicitor.

orfoster

Hi everyone
Hope someone can help.

At the moment my mum is a joint executor on a will with someone who isn't acting at all in the interests of the estate. The solicitor dealing with the estate also has a personal and commercial relationship with the other executor. We have a meeting with the solicitor tomorrow, based 200 miles away from us so it's an opportunity to get information. My question is what information are we entitled to see? Copies of letters between solicitor and other executor? As of course we are jointly authorising his fees etc! Should be jointly working for us but isn't.

It's a long story but they are really stitching the estate up and the other executor is very racist towards the deceased's son who is Indian, which she put it writing, the solicitor did nothing. The proceeds and personal effects should go to the son but the other executor wrote 'I'm aghast that you want anything to go to those indians'

Also that the other party held the possessions in storage, they won't release an inventory 'can't find it' so we can't see what there was put into storage and won't release details of the company, hence wanting access to solicitors records.

Hope someone can help.

DVardysShadow

I would say that you are entitled to see ALL correspondence between solicitor and other executor concerning the execution of the will and all notes of conversations. You should also ask - in writing - for a summary of all other matters in which the solicitor is acting for the other executor.

As for the inventory, I think it might be possible to engage an inventory clerk to view the possessions in storage and create a new inventory - and to do this at the personal expense of the other executor as their negligence would otherwise cause unnecessary expense to the estate. Your mum needs advice from her own solicitor as to exactly how far she can go - that legal advice should be reclaimable from the estate or the other executor, depending on the degree of malfeasance.

orfoster

Thanks for coming back to me.

If the solicitor refuses or says that he isn't willing to supply the information would you say disclosure is covered by DPA subject access request? In any event I'll ask for his refusal in writing to put in the file.

Fergie76

As DVS said, I think your Mum really needs to speak to an independant Solicitor.

DVardysShadow

orfoster wrote: »

Thanks for coming back to me.

If the solicitor refuses or says that he isn't willing to supply the information would you say disclosure is covered by DPA subject access request? In any event I'll ask for his refusal in writing to put in the file.

You need to be clear whose solicitor he is - in relation to the estate of the deceased. If he is the executors' solicitor paid from the estate, there is no question, he must include all executors. If he is acting as the personal solicitor of the other executor, he has no responsibilities to your mother - but then the estate should not have to pay him unless he is engaged by the other executor because of some breach by your mother.

And if he is acting as both the solicitor of the other executor personally and as executors' solicitor then if a breach is alleged on the part of the other executor, he is in conflict of interest and cannot act for both sides of a dispute.