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

POPPYOSCAR

How do you know what was in the will if you have not seen it?

Mistral001

lisajs wrote: »

I 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.

"In the solicitor's absence" this sounds as if the colleague was whistle blowing, but it might be just that the solicitor forgot to tell you and now the colleague is telling you. Knowing the way the legal profession works, members of said profession can make lots of money out of whistle blowers, but I cannot imagine any of them becoming one themselves.


"It transpires" what exactly does that mean?

lisajs_2

missbiggles1 wrote: »

Do you mean beneficiary rather than executor?

TBagpuss wrote: »

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

Thank you! No my father did not make a more recent will. The will was drawn up by a firm of solicitors which were closed down due to malpractice and then held by the one I am having trouble with now. From what I can gather he was instructed to apply for probate and sort everything out by my step-mother. He has done nothing so she has now instructed another solicitor (at a different practice) with whom she has connections to take over the work. I have informed this latest solicitor that I am an executor and everything is now up in the air!

lisajs_2

POPPYOSCAR wrote: »

How do you know what was in the will if you have not seen it?

i have been given these details by the solicitor's colleague over the phone.

POPPYOSCAR

lisajs wrote: »

i have been given these details by the solicitor's colleague over the phone.

What does your step-mum and brother say about it?

lisajs_2

POPPYOSCAR wrote: »

What does your step-mum and brother say about it?

That everything is for her and she doesn't need an executor because that's what the solicitor told her.

POPPYOSCAR

lisajs wrote: »

That everything is for her and she doesn't need an executor because that's what the solicitor told her.

Have you asked her and your brother for a copy of the will?


Did you ever discuss the will with your father?

leespot

lisajs wrote: »

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.

If this is correct, does that not mean everything now goes to her, and she is free to create a new will at her discretion?

missbiggles1

lisajs wrote: »

Thank you! No my father did not make a more recent will. The will was drawn up by a firm of solicitors which were closed down due to malpractice and then held by the one I am having trouble with now. From what I can gather he was instructed to apply for probate and sort everything out by my step-mother. He has done nothing so she has now instructed another solicitor (at a different practice) with whom she has connections to take over the work. I have informed this latest solicitor that I am an executor and everything is now up in the air!

Why wasn't it you and your co executor who instructed a solicitor?

lisajs_2

missbiggles1 wrote: »

Why wasn't it you and your co executor who instructed a solicitor?[/QUOT

Because I did not know that I was an executor until last week, the solicitor refused to answer my correspondence about who the executors were!