Solicitor refused to tell me that I am an executor to late father's will.

lisajs_2

I have been trying to find details of my late father's will through phone calls and letters to his solicitor for the past 5 months. He and his wife had identical wills which left everything to each other and then after both deaths the property would be split between his and her children. In the solicitor's absence a colleague of his told me that I am a named executor to the will. It transpires that the solicitor and my step-mother decided to ignore the will and prevent me from discovering this agreement. My two questions are do I have a right to be told how these wills stand legally i.e. are they mirror wills (which can now be changed by my step-mother) or mutual wills?. This information is still being with held and I have yet to receive a requested copy of the will. Secondly do I have sufficient grounds to make an official complaint about the solicitor who seems to think he is above the law?

g6jns_2

lisajs wrote: »

I have been trying to find details of my late father's will through phone calls and letters to his solicitor for the past 5 months. He and his wife had identical wills which left everything to each other and then after both deaths the property would be split between his and her children. In the solicitor's absence a colleague of his told me that I am a named executor to the will. It transpires that the solicitor and my step-mother decided to ignore the will and prevent me from discovering this agreement. My two questions are do I have a right to be told how these wills stand legally i.e. are they mirror wills (which can now be changed by my step-mother) or mutual wills?. This information is still being with held and I have yet to receive a requested copy of the will. Secondly do I have sufficient grounds to make an official complaint about the solicitor who seems to think he is above the law?

Make an immediate formal complaint to the solicitor's senior partner.

Marktheshark

You might be better talking to the police.
Concealing a will is a criminal offence and they can search the office for it.

SeniorSam

lisajs, please forget any police notification yet as this is not the way to proceed.

g6jns is correct, a formal complaint needs to be made. You need to writ a letter and head it 'FORMAL COMPLAINT' and you also need to send it by registered, signed for post.

That will start a course of action that requires a formal reply from the Complaints Solicitor of that practice, who has to reply to you within a specific time period. He then has to investigate and report back to you, again within a specific period.

If the reply does not satisfy the complaint, then you can take it forward to the Ombudsman who will investigate the solicitors.

If what you say is correct, the action by the solicitors is deplorable and the Senior Partner of the practice, to whom you should make your complaint, is totally responsible.

Make the details of your complaint very clear and put in everything you can think of that is relevant. I feel sure tht you will get results with such action.

Sam

In addition, a Will can be changed by Deed of Variation, but only with the agreement of beneficiaries, so no changes the the Wil could havebeen made if you are a beneficiary.

Are you sure that no New Wills were made after the ones you were previously aware of?

Ziggazee

Maybe get your facts right before you start throwing mud. I refuse to believe the Solicitor has 'hidden' as much from you as you think...

missbiggles1

lisajs wrote: »

I have been trying to find details of my late father's will through phone calls and letters to his solicitor for the past 5 months. He and his wife had identical wills which left everything to each other and then after both deaths the property would be split between his and her children. In the solicitor's absence a colleague of his told me that I am a named executor to the will. It transpires that the solicitor and my step-mother decided to ignore the will and prevent me from discovering this agreement. My two questions are do I have a right to be told how these wills stand legally i.e. are they mirror wills (which can now be changed by my step-mother) or mutual wills?. This information is still being with held and I have yet to receive a requested copy of the will. Secondly do I have sufficient grounds to make an official complaint about the solicitor who seems to think he is above the law?

Do you mean beneficiary rather than executor?

lisajs_2

SeniorSam wrote: »

lisajs, please forget any police notification yet as this is not the way to proceed.

g6jns is correct, a formal complaint needs to be made. You need to writ a letter and head it 'FORMAL COMPLAINT' and you also need to send it by registered, signed for post.

That will start a course of action that requires a formal reply from the Complaints Solicitor of that practice, who has to reply to you within a specific time period. He then has to investigate and report back to you, again within a specific period.

If the reply does not satisfy the complaint, then you can take it forward to the Ombudsman who will investigate the solicitors.

If what you say is correct, the action by the solicitors is deplorable and the Senior Partner of the practice, to whom you should make your complaint, is totally responsible.

Make the details of your complaint very clear and put in everything you can think of that is relevant. I feel sure tht you will get results with such action.

Sam

In addition, a Will can be changed by Deed of Variation, but only with the agreement of beneficiaries, so no changes the the Wil could havebeen made if you are a beneficiary.

Are you sure that no New Wills were made after the ones you were previously aware of?

Thanks for your advice. I do intend to complain as this has at the very least cost me my peace of mind over the last five months of being lied to and dismissed as irrelevant. My problem is that I have not yet been sent a copy of the will and am frightened that it will be a case of 'What will?" if I go down this road too soon. The information was given over the phone. Also, the solicitor may be the head one in his company, it's difficult to tell.
The concern regarding changes to the will relate to my step-mother's ability (or not) to change her will in favour of her son so that all my dad's property (which he held in his sole name prior to his death) can now be left to him alone.

TBagpuss

If an application for probate has been made then you can obtain a cop of the will via the probate office.


Are you certain that your dad did not make a later, new will? or amend the old one?

Is the solicitor who made your dad's original will the same individual you believe is now ignoring the will? If it was a different person (even if it is the same firm) then it may be worth contacting the person who made the will, and ask them for a copy (if it is not the same firm, they will need evidence that your dad has died, and you will need to produce proof of your ID)

I would also suggests that you contact the Complaints handler at the firm where the solicitor you believe is hiding things is based. If they have a website, then details are likely to be there. if not, then write to the senior partner.

Withough making accuasation, explain that your dad died 5 months ago, that you understand that he made his will with their firm and that the will named you and your stepmother as joint executors but that despite numerous requests you have not been allowed to see the will, or to deal with the estate in any way.

Say that you have not received any response to suggest that you are wrong in your understanding that you are named as executor and that ou have not renounced your rights nor do you wish to to so.

Ask for a respnse within a set timescale and contact the ombudsman if you don't get one.

BUT (and this is a pretty big but!) When married couple make mirror wills, it is very common for the situation to be that when the first spouse dies, the surviving executor is named as sole executor, and the will then goes on to say "..but if s/he predeceases me then I name [name] and [name] as executors..." - so it is possible that you were only named as an executor in the event that you step-mum had died before your dad.
If that is the case, and if you are not a beneficiary under the first will, then your step-mum and the solicitor would not have any obligation to give you a copy of the will, although I would normally expect them to tell you what the situation was.

depending on the wording of the will, you step-mum may now have sole control of your dad's estate and may be free to make a new will of her own. (i.e. depending on the wording if the will, you may not be entitled to anything even after she is gone) If the will left her a life interest in your dad's property, then she cannot leave this to her son. If it was left to her outright, then she can.

You can search for a copy of the will if probate has been applied for https://www.gov.uk/wills-probate-inheritance/searching-for-probate-records

lisajs_2

SeniorSam wrote: »

lisajs, please forget any police notification yet as this is not the way to proceed.

g6jns is correct, a formal complaint needs to be made. You need to writ a letter and head it 'FORMAL COMPLAINT' and you also need to send it by registered, signed for post.

That will start a course of action that requires a formal reply from the Complaints Solicitor of that practice, who has to reply to you within a specific time period. He then has to investigate and report back to you, again within a specific period.

If the reply does not satisfy the complaint, then you can take it forward to the Ombudsman who will investigate the solicitors.

If what you say is correct, the action by the solicitors is deplorable and the Senior Partner of the practice, to whom you should make your complaint, is totally responsible.

Make the details of your complaint very clear and put in everything you can think of that is relevant. I feel sure tht you will get results with such action.

Sam

In addition, a Will can be changed by Deed of Variation, but only with the agreement of beneficiaries, so no changes the the Wil could havebeen made if you are a beneficiary.

Are you sure that no New Wills were made after the ones you were previously aware of?

Ziggazee wrote: »

Maybe get your facts right before you start throwing mud. I refuse to believe the Solicitor has 'hidden' as much from you as you think...

I have phoned and written by recorded delivery asking for details of the will but he has repeatedly failed to reply or answer my calls. He reportedly told my step-mother that she did not need executors. These are the facts, plain and simple!

POPPYOSCAR

Ziggazee wrote: »

Maybe get your facts right before you start throwing mud. I refuse to believe the Solicitor has 'hidden' as much from you as you think...

I agree.


I would be surprised if a solicitor acted in the way you seem to suggest as it could have serious repercussions for him.

lisajs_2

No I'm an executor along with my step-brother. My step-mum isn't an executor but is the sole beneficiary. Had my father outlived her, his estate would have been divided between all the children.