Letters of Administration. Wrong Advice

Joey2

I recently posted several questions relating to advice I was given by a Will writer who was going to handle letters of administration for me. Following the replies I had combined with gut instinct I terminated the services of this person. This person was to apply for L of A, suggested a 95-5 split of the only asset, the house (larger portion to me the only child)and make us Tennants in
Common (as a 'bonus' he told me this would avoid being forced to pay Care Home fees should my Mother ever need to go in a home - even though I would do all within my power to avoid putting my Mother in one). He also told me as I have Power of Attorney I COULD sign a Will for my Mum.!!!! I now have problem with this person as he has written to me saying as he completed all L of A paper work,(forms PA1 & IHT205) PLUS 'Advising me and I Agreed', I signed this paper work (on a Friday afternoon, I then received a text 4 hours later telling me application had now been sent to the Court!!), stupidly y text i thanked him for his speed, until my brain started to question everything. I spent the entire weekend trying to research everything he had told me. Monday morning sent him a text saying HOLD everything, I contacted a solicitor who was v alarmed at the Will suggestion. Armed with this plus advice I received here (my sincere thanks) I called this man on the Tuesday & told him based on all the wrong advice I could not continue using him. He argued. He suggested 'well just do probate part'. I cancelled his cheque (& told him), wrote to the Court (& cancelled their cheque). Phew I thought. Today I've had horrible letter and a bill. Do I have to pay this???? Letter says if not paid in 14 days 'steps will be made to recover the amount' (£500). Pls forgive the length of this, I was trying to give previous post re cap plus my new question. Again thank u to everyone who previously replied.

daska

How about asking Trading standards? Or Watchdog?

Didn't he claim to be something to do with a will writer's group/association? I think I'd contact them with the details and alert them to his dodgy advice.

Joey2

Thanks for yr reply. Yes his web site said this but when I investigated this, he is chairman and it's says they are self regulating, I assume this is because perhaps nothing else in place to regulate at the moment. I've started process of L of A with a Solicitor now, I'm concerned with his insistence to be paid in 14 days and a legitimate bill eventually fr Solicitors this is going to be expensive mistake.

Errata

Shop him to Trading Standars, he'll be buqqering things up for a lot of people, most of them elderly.

Fire_Fox

You must deal with this urgently in writing not by telephone. Send your cancellation recorded delivery, check it has actually been accepted OR two copies from different Post Offices with proof of posting, keep the receipts in all cases. You signed a contract which it's reasonable to terminate with no or minimal payment if you are being given incorrect information. State the name of the solicitor you have consulted and the date you did this so he is aware you have taken legal advice. Something like the Supply of Goods and Services Act covers you cancelling poor quality services, quote whichever Act in your letter.

If he does try to go to small claims don't panic you can represent yourself. You can use screen shots of MSE to show you did take advice from us and the date, back that up with your own research into the legislation or information from reputable sites like charities for older people, a brief statement from your solicitor saying what you said to him and that it is plain wrong. The will writers association thing is disingenous that won't look good for him in court either.

daska

Not sure that a thread on MSE would stand up in court but maybe the AgeUK and and certainly the solicitor's advice would, especially if backed up by other sources. Did you get advice in writing, it might be worth asking your solicitor to do this if not already covered.

This might be useful: http://www.ageuk.org.uk/home-and-care/care-homes/deprivation-of-assets-in-the-means-test-for-care-home-provision/

Joey2

Thanks very much. In attempting
To make my post yesterday shorter I missed some details out. One was the fact that After initially signing paper work on 5th Oct and later that day receiving a TEXT from this man informing me the papers had been sent to the Court (something he refers to in his recent 'pay in 14 days letter') I sent a hold everything text on the Monday morning, followed by speaking to him Tues am. Because he said to me during this conversation 'ok forget it then' AND as I believed there is always a cooling off period I assumed all had been handled. Later that same day I sent a TEXT informing him I had cancelled cheques etc, ridiculously my text opens with Thank You (relating to fact he'd said on phone 'forget it then'. Again I've been long winded but my question is; Does my Text on 9th Oct wherein I say owing to the fact I will not be using your services ........etc, carry any weight as notification of terminating everything? ???I realise Texting isn't a good method HOWEVER it is one he used also before we had appointment and throughout. I'm mindful of the fact a 14 cooling off period will now have almost expired.

daska

Have you tried ringing trading standards? 08454 04 05 06

Unfortunately you can't rely on getting specific, accurate legal advice from someone qualified if you ask here, best to go to the experts.

Joey2

Thanks very much. In attempting
To make my post yesterday shorter I missed some details out. One was the fact that After initially signing paper work on 5th Oct and later that day receiving a TEXT from this man informing me the papers had been sent to the Court (something he refers to in his recent 'pay in 14 days letter') I sent a hold everything text on the Monday morning, followed by speaking to him Tues am. Because he said to me during this conversation 'ok forget it then' AND as I believed there is always a cooling off period I assumed all had been handled. Later that same day I sent a TEXT informing him I had cancelled cheques etc, ridiculously my text opens with Thank You (relating to fact he'd said on phone 'forget it then'. Again I've been long winded but my question is; Does my Text on 9th Oct wherein I say owing to the fact I will not be using your services ........etc, carry any weight as notification of terminating everything? ???I realise Texting isn't a good method HOWEVER it is one he used also before we had appointment and throughout. I'm mindful of the fact a 14 cooling off period will now have almost expired.

Joey2

Thanks. No I haven't called them, did look at web site though.

*Robin*

For the sake of any other vulnerable bereaved relatives that this man is attempting to mislead, please do contact Trading Standards as a matter of urgency!