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solicitor unwilling to renounce role as executor
dottodot
Posts: 27 Forumite
Just wondering if anyone here has any ideas for us...
My Aunt passed away recently and appointed a firm of solicitors as executors. After weeks of the solicitors doing nothing, not responding to our calls or letters, and then being rather rude to us, we asked them to renounce their role as executors. All beneficiaries signed the letter requesting this and the estate is very straightforward - we have read the guidance for solicitors suggesting that they should do this is there is no reason why a lay person could not undertake the responsibilities.
The solicitors have come back to us now saying that they are not prepared to renounce their role as executors, because of a reason that is in my Aunts file. However they will not tell us the reason (as that would breach her confidentiality) without her consent - which obviously she cannot give.
We are rather cynical about this 'reason' but are not really sure there's much we can do? Does anyone know whether this confidentiality still applies after death (I imagine so but it does seem rather convenient for them!). Is there anything more we could do, or are we better off just working with them as best we can now - and accepting their huge bill at the end of it all?!
Thanks in advance for any insights anyone is able to give!
My Aunt passed away recently and appointed a firm of solicitors as executors. After weeks of the solicitors doing nothing, not responding to our calls or letters, and then being rather rude to us, we asked them to renounce their role as executors. All beneficiaries signed the letter requesting this and the estate is very straightforward - we have read the guidance for solicitors suggesting that they should do this is there is no reason why a lay person could not undertake the responsibilities.
The solicitors have come back to us now saying that they are not prepared to renounce their role as executors, because of a reason that is in my Aunts file. However they will not tell us the reason (as that would breach her confidentiality) without her consent - which obviously she cannot give.
We are rather cynical about this 'reason' but are not really sure there's much we can do? Does anyone know whether this confidentiality still applies after death (I imagine so but it does seem rather convenient for them!). Is there anything more we could do, or are we better off just working with them as best we can now - and accepting their huge bill at the end of it all?!
Thanks in advance for any insights anyone is able to give!
0
Comments
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Reply politely to the solicitors and ask for a detailed explanation to clarify this. Explain that if this is not forthcoming and as all the beneficiaries are in agreement, you would then write a formal letter of complaint to the senior partner and if that was not then clarified by the complaints solicitor, the matter would be passed to the Ombudsman to investigate. Don't forget to say that in your letter.
It may, or may not bring results
SamI'm a retired IFA who specialised for many years in Inheritance Tax, Wills and Trusts. I cannot offer advice now, but my comments here and on Legal Beagles as Sam101 are just meant to be helpful. Do ask questions from the Members who are here to help.0 -
Go directly to the solicitor's formal complaints procedure. The standard advice to solicitors by their professional association is that they should renounce if requested in this way.Reply politely to the solicitors and ask for a detailed explanation to clarify this. Explain that if this is not forthcoming and as all the beneficiaries are in agreement, you would then write a formal letter of complaint to the senior partner and if that was not then clarified by the complaints solicitor, the matter would be passed to the Ombudsman to investigate. Don't forget to say that in your letter.
It may, or may not bring results
Sam0 -
Thank you both for taking the time to reply.
We were hesitating to complain because we didn't want to antagonise them into being even more obstructive but yes, it would be worth a try.0 -
Have you obtained a copy of the will?.................
....I'm smiling because I have no idea what's going on ...:)0
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