difficult solicitor/executor

topbanana1985

TBagpuss wrote: »

I'm sorry for your loss. You mum won't have had a client care letter about the cost of the administration of the estate, only about the cost of preparing the will.

It is good practice or solicitors to treat beneficiaries as 'quasi clients' and to keep them informed.

I would suggest that you and your siblings (including the legal guardian(s) of any who are still minors all sign any letter you send, and perhap that you say to the executor that you nominate one person to be their main point of contact, in order to avoid unnecessary costs.

I would put any concerns in writing. (paper and ink) not e-mail - in many forms, e-mails will go directly to the individual concerned so the partners will not be aware of it. Address your letter specifically to the individual your mum names, and in the letter be clear both what your concerns are (if you can, give dates you rung or emailed, been told you will get a response, and haven't had one, for instnace)

Also state that you requested that the executor renounce and that they refised to do so and ask them why that was, bearing in mind that the Law Society's guidance is that they should consider such requests, taking into account the reasons the testator gave for appointing them, any changes in circumstnaces, and what is in the best interest of the estate (or instance, if all of you were still children when the will was made, there has been a major change in circumstances)

Be clear about what, specifically, you now want them to do (e.g. provide you with (a) details of what has been done to date, (b) what remains to be done and how long this is likely to take (c) what the current costs are, and whether that includes any value element, and if so, on what basis (d) what the estimated total costs will be (e) confirmation that the estate will not be charged either for work done in addressing the complain, or for the poor service and in particular the chasing calls and e-mails made necessary as a result of their failure to respond.

in the letter, set a time-scale for a response - e.g. 7 days. You are unlikely to get a comprehensive response in that time but it would be reasonable for them to have acknowledged the letter and let you know how quickly you will get a proper response.

State specifically that you have requested details of their complaints procedure and it has not been provided.

This is some great advice, thank you.

When asked to renounce, the abrupt and rude response I was given was 'we will not be renouncing, there must be a reason that we are named executors and we know what we are doing, so we shall do it and you should leave us to it', this is the response given by the troublesome person, not the person named in the will.

I expressed that at the time the will was made that the likely reason they were named executors over me or my siblings was because I was 12, my sisters and 1 bro of course all younger and youngest bro not even born when the will was written.

This was met with 'well that may be the case, but we are still not renouncing'

I then asked if they would take power reserved and reply was again 'no'.

Ive never heard from, spoken to, or met the actual named executor, everything has been going through this delegated person.

It has occurred to me that the named executor may not know what is going on under him, thus my first task is to try speak to him again (after previous attempts of speaking to him have been thwarted) try, try again I guess.

getmore4less

topbanana1985 wrote: »

I have not just taken over the payments, the mortgage is in my name and mortgage company have already expressed that they have no preference on whos name the house is in and that they are happy for it to be put in all our names, as per the will, which the executor has agreed.

That will require a trust as there are 5 of you, 1 a minor.

There seems to be noting to stop the property transfer.

Mojisola

topbanana1985 wrote: »

It has occurred to me that the named executor may not know what is going on under him, thus my first task is to try speak to him again (after previous attempts of speaking to him have been thwarted) try, try again I guess.

Follow TBagpuss' good advice about putting it all in writing rather than speaking to him.

topbanana1985

Mojisola wrote: »

Follow TBagpuss' good advice about putting it all in writing rather than speaking to him.

Shall do, drafting a letter as we speak.

Thank you all for your help/info/advice.

Crabapple

getmore4less wrote: »

That will require a trust as there are 5 of you, 1 a minor.

There seems to be noting to stop the property transfer.

There will need to be some sort of trust deed anyway as there are 5 beneficiaries and only 4 people can be named on a title document.

Glad to hear that you are writing a letter. I really hope you get some progress and conclusion as a result of it.

Just to say that although you are not a client, you are a in a special position as a beneficiary of an estate that is being administered, in that you can ask for costs to be assessed and complain to the SRA if necessary.

topbanana1985

Crabapple wrote: »

There will need to be some sort of trust deed anyway as there are 5 beneficiaries and only 4 people can be named on a title document.

Glad to hear that you are writing a letter. I really hope you get some progress and conclusion as a result of it.

Just to say that although you are not a client, you are a in a special position as a beneficiary of an estate that is being administered, in that you can ask for costs to be assessed and complain to the SRA if necessary.

Thank you. Im sure something can be figured out, even if 4 of us effectively buy youngest bro out, so he has cash instead of property share may be an option.

Lets hope this letter gets us somewhere. Upon drafting the letter and going through it all, I have found so far that a total of 10 emails have gone ignored/unreplied and only 6 out of 30 calls I have made were actually answered! All between January to date

getmore4less

topbanana1985 wrote: »

Thank you. Im sure something can be figured out, even if 4 of us effectively buy youngest bro out, so he has cash instead of property share may be an option.

That's an issue as depending on the will you may not be able to do that.

Interesting issue as you seem to have taken on the legal responsibility for the charge/mortgage on the property.

The legal ownership is with the trustees and the beneficial interest with the siblings(as beneficiaries).

You need to get to the bottom of what ownership term are acceptable to the current mortgage provider.

topbanana1985

getmore4less wrote: »

That's an issue as depending on the will you may not be able to do that.

Interesting issue as you seem to have taken on the legal responsibility for the charge/mortgage on the property.

The legal ownership is with the trustees and the beneficial interest with the siblings(as beneficiaries).

You need to get to the bottom of what ownership term are acceptable to the current mortgage provider.

The mortgage company are well aware of the situation and are fine with it.

And discussions have previously taken place with the troublesome person with regards to this and apparently a solution has been found, this was done months ago, but they still havent put it into motion yet.

rpc

topbanana1985 wrote: »

Thank you. Im sure something can be figured out, even if 4 of us effectively buy youngest bro out, so he has cash instead of property share may be an option.

That suggests a deed of variation.

How do you intend to get a minor to lawfully agree to a deed of variation?

antrobus

rpc wrote: »

That suggests a deed of variation.

How do you intend to get a minor to lawfully agree to a deed of variation?

You go to Court to get approval of the deed of variation if a minor is involved.