changing solicitors

ameliarate

Hi, I am wondering whether it is possible to change solicitors part way through executing a will?

To be honest we are pretty much at the end, but the estate is in a discretionary trust and we want to change that to a life interest trust, with professional trustees. The solicitor who we have been using seems to have decided not to communicate any more, for no apparent reason; I have emailed her four times since 16 February with no response. I am about to send one more saying that I will put in an official complaint against her.

So can I take it all away from her and pass it to another solicitor?

Thanks.

SeniorSam

I hope you realise that an Interest in Possesion Trust can be taxed heavily if the wrong investments are selcted and the assets can be assessed as belonging to others.

A Deed of Variation will be needed to chang a Will and all beneficiaries will have to agree to that change.

What will be the contents of the Trust and approximately what amount?

You would need a solicitor to change the Will but the Executors can choose who they wish. Is the solicitor an Executor?

Sam

Tuesday_Tenor

Well the first thing I would do is to try communicating via a different medium. Perhaps she has been ill and the firm has failed to deal with all her work. Or they have had problems with their email system. Very unprofessional, of course, and ultimately could be cause for complaint, but would be an explanation. In such a scenario you'd need to know what the firm was doing about it before you could decide your course of action.

Seems rather a late stage to transfer to another firm, and any such new firm would need to have the files from the original solicitor anyway, so you do need to know they are still there and in business ...

Can you not phone or write to re-establish contact and get an explanation and a timescale?

ameliarate

Tuesday_Tenor wrote: »

Well the first thing I would do is to try communicating via a different medium. Perhaps she has been ill and the firm has failed to deal with all her work. Or they have had problems with their email system. Very unprofessional, of course, and ultimately could be cause for complaint, but would be an explanation. In such a scenario you'd need to know what the firm was doing about it before you could decide your course of action.

Seems rather a late stage to transfer to another firm, and any such new firm would need to have the files from the original solicitor anyway, so you do need to know they are still there and in business ...

Can you not phone or write to re-establish contact and get an explanation and a timescale?

I have telephoned to check she is at work. She has sent one email, but failed to respond to the questions I was asking.

ameliarate

SeniorSam wrote: »

I hope you realise that an Interest in Possesion Trust can be taxed heavily if the wrong investments are selcted and the assets can be assessed as belonging to others.

A Deed of Variation will be needed to chang a Will and all beneficiaries will have to agree to that change.

What will be the contents of the Trust and approximately what amount?

You would need a solicitor to change the Will but the Executors can choose who they wish. Is the solicitor an Executor?

Sam

The way the will is written the executors, the solicitor is not one, can decide to put the estate into a Life Interest Trust, or any other type of trust for that matter. Is an Interest in Possession Trust the same as a Life Interest Trust? either way, given the circumstances, we as trustees/executors, feel we have no choice.

I don't intend to do anything yet, I will give her a warning of a possible formal complaint first, but she is not responding, not progressing matters, and frankly the stress over the whole thing is affecting my health.

g6jns_2

Trusts are not a thing you can DIY. You need the help of a trust specialist. There are tax implications as well.

SeniorSam

I can understand your frustration with the undue delays and lack of response, from the solicitors, which seems highly unprofessional.

It seems that the Will has bequethed the estate to a Discretionary Trust and to named beneficiaries. To change this would require a Deed of Variation that has to be completed within two years of the date of death and approved by all beneficiaries.

If any beneficiaries are minors, or incapable in any way, then changes cannot be made. However, if one of the beneficiaries was unable to make decissions, then the Trustees could retain that beneficiaries bequest within the Trust and administer it for that benficiary. That could be a better way to go.

The problem with that is that the Trustees have powers to distribute the assets elsewhere by agreement, which is not like an Interest in Possession Trust, which is held soey for the beneficiary as to income from the capotal, but the capital would be preserved for others.

You will need professional help if changes are to be effected, but those changes can be done with new solicitors after the Probate has concluded with the present solicitor.

Is there a particular reason why you wish to change the Will from a Discretionary Trust, as a Discretionary Trust, has a wide range of powers for the Trustees and it is rather unusual to want such a change without a specific reason?

Also, I do hope you realise that if you appoint professional Trustees, their fees can be very expensive and eat away at the Trust fund. Although Trusts are perceived as being very complex, they are no so and could possibly be managed by the family. More information is needed from you before additional guidance can be given.


Sam

ameliarate

Thanks for the comprehensive reply Sam.

It's a very complicated situation but the bottom line is we don't feel there is any option because of what has happened between the trustees and the main beneficiary, but to hand over the trust to professional trustees. I appreciate that there will be fees involved but in fact we would have to have a professional trustee and someone to do the accounts etc even if we kept a discretinartpy trust, in addition this is what the main beneficiary has requested. We have no intention of trying to DIY.


Probate etc was granted some time ago and we are able at any time under the terms of the will to change the trust.

The thing is the solicitor as she just will not respond to my enquiries or progess things and I really don't know what to do other than put in an official complaint against her. That of course would have an adverse affect on our relationship. I feel so out of control now I just don't know what is the right thing to do.

SeniorSam

I am so sorry that solicitors have brought this on the family at a difficult time. It is most unprofessional. It seems that it has gone beyond concern for a good relationship as you need someone else to be acting.

If you are making an official complaint, then do it in writing and head the letter 'OFFICIAL COMPLAINT'. Also send it by recorded delivery and send a copy to the SRA with a note saying that you appreciate they cannot take action until the solicitors have responded to your letter, but felt it wise that they should have a copy on file. Ask simply for an acknowledgement of receipt.

Such an action will get a written response within a specified time and another solicitor, the compliance officer for the Practice, will write to you and look into matters in order to reply.

If you are not satisfied with the reply than you can ask the SRA to examine the matter.

This will certainly get action and progress this case.

Sam

ameliarate

Thanks again Sam. I will give her to the end of the week to respond and then make a complaint if she doesn't. The whole thing has been a nightmare, as if the loss of someone we loved wasn't enough!

SeniorSam

Good idea. Contact me if you feel I can help

Sam