Challenging Solicitor's Bill for Probate

Pauline007

The solicitor has refused point blank to release the cheque now, although the other beneficiaries have been paid. She says we need to sign and agree the accounts prior to getting the cheque.

g6jns_2

Pauline007 wrote: »

The solicitor has refused point blank to release the cheque now, although the other beneficiaries have been paid. She says we need to sign and agree the accounts prior to getting the cheque.

Ask to lodge an immediate complaint under their complaints procedure. Don't be bullied into agreeing with something you are not happy with.

TonyMMM

If the executor agreed to the solicitor's charging structure, then any complaint you have is with the executor.

The charges would appear to be in the normal range, however large/excessive they seem to be to many of us. Which is why the DiY option for probate is to be recommended if at all possible. The last estate I dealt with (approx 3 times the value of this one), cost me about £100 in fees/charges.

getmore4less

g6jns wrote: »

They can be if they are joint executor with the solicitor. Also the fees impact most on the residuary beneficiary.

A beneficiary may be an executor that instructs solicitor in the capacity as an executor(or PR) but they are two distinct legal entities beneficiary/PR.

A joint executor would not be a client.

Residual impact does not make them a client.

g6jns_2

getmore4less wrote: »

A beneficiary may be an executor that instructs solicitor in the capacity as an executor(or PR) but they are two distinct legal entities beneficiary/PR.

A joint executor would not be a client.

Residual impact does not make them a client.

The immediate issue is the solicitor demanding that a beneficiary agrre the accounts are correct before being paid. AFAIK beneficiaries are under no obligation to do this. Indeed I don't think executors are obliged to p0ublish the estae accounts at all. What bother me in this case is that the solicitor seems to be behaving in an inappropriate manner which makes alarm bells ring. I would expect the solicitor to be quite open about the way the estate has been handled.

Pauline007

g6jns wrote: »

Ask to lodge an immediate complaint under their complaints procedure. Don't be bullied into agreeing with something you are not happy with.

Thanks for that, we sent an email detailing queries, and haven't had any reply. Will keep you updated and thanks to everyone for their help - it's very much appreciated.

Pauline007

g6jns wrote: »

Ask to lodge an immediate complaint under their complaints procedure. Don't be bullied into agreeing with something you are not happy with.

TonyMMM wrote: »

If the executor agreed to the solicitor's charging structure, then any complaint you have is with the executor.

The charges would appear to be in the normal range, however large/excessive they seem to be to many of us. Which is why the DiY option for probate is to be recommended if at all possible. The last estate I dealt with (approx 3 times the value of this one), cost me about £100 in fees/charges.

It seems there was never any quotation sought, the executor simply handed over absolutely everything, despite both the solicitor and the executor saying that the executor would carry out the role in full, we even offered to do it ourselves, but the executor was adamant.

Pauline007

g6jns wrote: »

The immediate issue is the solicitor demanding that a beneficiary agrre the accounts are correct before being paid. AFAIK beneficiaries are under no obligation to do this. Indeed I don't think executors are obliged to p0ublish the estae accounts at all. What bother me in this case is that the solicitor seems to be behaving in an inappropriate manner which makes alarm bells ring. I would expect the solicitor to be quite open about the way the estate has been handled.

I believe you are correct, the complaint has been sent, fingers crossed we can have this dealt with asap.

Crabapple

Residuary beneficiaries should always be provided with Accounts to show how their share is calculated. They are entitled to see them even if they are not automatically provided. Some may not be bothered.

My concern here would be that there were two Executors but only one instructed this Firm. If your husband was co-Executor what did he sign to confirm that the other Executor could go it alone?

Or was it a case that he thought they were obtaining the Grant and everything else would be done by the other party?

It is very poor form not to get both Executors to sign agreement to terms of business which would have set out costs, and I thought it was an obligation on a law firm to provide copies of this information to all the residuary beneficiaries at an early stage too, but not sure if it is more good practice rather than a requirement.

They should also not hold onto your cheque. Only the Executors need to approve the Accounts, and if they have not done so then there should not be money paid out to any beneficiaries. If you succeeded in any argument over costs then the share could only go up, not down.

That said, I don't think those costs are excessive based on how Solicitors would usually charge. If they had been named as Executors the fee would undoubtedly have been higher.

Pauline007

Crabapple wrote: »

Residuary beneficiaries should always be provided with Accounts to show how their share is calculated. They are entitled to see them even if they are not automatically provided. Some may not be bothered.

My concern here would be that there were two Executors but only one instructed this Firm. If your husband was co-Executor what did he sign to confirm that the other Executor could go it alone?

Or was it a case that he thought they were obtaining the Grant and everything else would be done by the other party?

It is very poor form not to get both Executors to sign agreement to terms of business which would have set out costs, and I thought it was an obligation on a law firm to provide copies of this information to all the residuary beneficiaries at an early stage too, but not sure if it is more good practice rather than a requirement.

They should also not hold onto your cheque. Only the Executors need to approve the Accounts, and if they have not done so then there should not be money paid out to any beneficiaries. If you succeeded in any argument over costs then the share could only go up, not down.

That said, I don't think those costs are excessive based on how Solicitors would usually charge. If they had been named as Executors the fee would undoubtedly have been higher.

Hi, thanks for the reply. There was only one Executor. The issue isn't really the solicitor's cost, but the fact that it's even there! The executor was to do all this work, and said she was doing it. We'd expected she would seek professional advice, which is prudent, and also to have the solicitor undertake Probate, but after that, it was down to her. Executors, I believe, have a duty to the beneficiaries, and by simply passing over her 'job' to the solicitor, she has run up a totally unnecessary bill. I hope we can have the solicitor arrange to pay out, particularly as they have already paid one beneficiary 'by accident'!