Issues with Probate solicitor

Anthear

I need some advice... mother died in 2014 - Solicitor is Executor. All sorts of issues along the way, delays in obtaining probate, mistakes on the IHT form, bad advice re how to deal with very small share holdings - the cost of selling through the Registrar is higher than the value of the shares, so they cannot be sold; suggestion was to appropriate between 5 beneficiaries and then for each person to sell.... (one holding comprised for 4 shares and is worth around £90, cost to sell thru Registrar is £60, another holding is worth just under £25).

I made a complaint through the Legal Ombudsman and have had 3 aspects of a complaint for poor service upheld. Where is the line drawn in terms of the firm not providing a service 'with reasonable care and skill'? What constitutes professional negligence?? I do wonder if they know what they are doing! How can a firm justify providing a poor service?

Uphill battle all the way. Terrible experience and I would NEVER recommend using a Solicitor as an Executor (Sorry to all you honest Solicitors who act with integrity). They are also charging on a hourly basis so every little thing they do has a charge. They also charge full rate in, rather than 50% which many do.

Just out of interest, they are holding a large amount of money from the sale of a property, what rate of interest should they pay the estate? I understand that the client is the Estate and as a beneficiary they say my rights are limited, surely this cannot be right - who, for example, stands up for the rights of the estate when poor service is being delivered? Very cross!!!

Yorkshireman99

Anthear wrote: »

I need some advice... mother died in 2014 - Solicitor is Executor. All sorts of issues along the way, delays in obtaining probate, mistakes on the IHT form, bad advice re how to deal with very small share holdings - the cost of selling through the Registrar is higher than the value of the shares, so they cannot be sold; suggestion was to appropriate between 5 beneficiaries and then for each person to sell.... (one holding comprised for 4 shares and is worth around £90, cost to sell thru Registrar is £60, another holding is worth just under £25).

I made a complaint through the Legal Ombudsman and have had 3 aspects of a complaint for poor service upheld. Where is the line drawn in terms of the firm not providing a service 'with reasonable care and skill'? What constitutes professional negligence?? I do wonder if they know what they are doing! How can a firm justify providing a poor service?

Uphill battle all the way. Terrible experience and I would NEVER recommend using a Solicitor as an Executor (Sorry to all you honest Solicitors who act with integrity). They are also charging on a hourly basis so every little thing they do has a charge. They also charge full rate in, rather than 50% which many do.

Just out of interest, they are holding a large amount of money from the sale of a property, what rate of interest should they pay the estate? I understand that the client is the Estate and as a beneficiary they say my rights are limited, surely this cannot be right - who, for example, stands up for the rights of the estate when poor service is being delivered? Very cross!!!

What was the result of the claim via the ombudsman? How much did they award you? Solicitors are entitled to charge for the work done on the basis agreed with the client. What were the terms that were agreed? The estate is the client but a beneficiary can claim against the executor if the probate is delayed unreasonably usaully after one year.

Crabapple

I think most on here would agree with you about not appointing solicitors as executors. There are very rare situations where it could be best but for the majority appointing family or friends, even if they then employ a solicitor, is the best idea. They have far more control.

As far as interest goes you will get what the solicitors get so probably very little as their client account will get a poor rate even by current standards.

It's worth pressing for an interim distribution as even if there are issues outstanding the majority of the money should be available for release to beneficiaries.

Anthear

Ombudsman result - 3 areas of poor service - mistakes on IHT form, poor communication, lack of communication, £150 to me to recognise frustration.
The terms weren't agreed with me. They are charging on an hourly basis. It is now 17 months post death, and no distribution.

konark

£150 will be about their hourly charge , how many hours have they racked up in 17 months?

Yorkshireman99

Anthear wrote: »

Ombudsman result - 3 areas of poor service - mistakes on IHT form, poor communication, lack of communication, £150 to me to recognise frustration.
The terms weren't agreed with me. They are charging on an hourly basis. It is now 17 months post death, and no distribution.

Have you made a formal complaint to the solicitor via their complaints procedure?

Anthear

Konark - God knows, I haven't got to that bit yet. To get to Probate, the bill was £6,500 ext VAT. I shudder to think what it is now. Well over £10,000....

Anthear

Yorkshireman99. Oh yes, several times! They say that their complaints procedure doesn't apply to me because I am not a client and refused to send me their policy! Therefore, they take 2 months to respond to any complaint, as per the Ombudsman's rules.

Yorkshireman99

Anthear wrote: »

Yorkshireman99. Oh yes, several times! They say that their complaints procedure doesn't apply to me because I am not a client and refused to send me their policy! Therefore, they take 2 months to respond to any complaint, as per the Ombudsman's rules.

Go back to the Ombudsman and ask for the case to be reopened. Alternatively write to the senior partner ,

Anthear

Hi - the Ombudsman won't reopen cases. Once they have dealt with it that's that. I can ask for different aspects to be looked at, but not the same issues. I have written to the Chairman of the firm, that didn't help really. I may try calling, but then they may just refuse to speak to me.

What ails me is the fact that the 'client' - in this case the Estate, seems to have no voice and that seems to be wrong on all sorts of levels. They seem to be able to do what they like to an extent.

Yorkshireman99

Anthear wrote: »

Hi - the Ombudsman won't reopen cases. Once they have dealt with it that's that. I can ask for different aspects to be looked at, but not the same issues. I have written to the Chairman of the firm, that didn't help really. I may try calling, but then they may just refuse to speak to me.

What ails me is the fact that the 'client' - in this case the Estate, seems to have no voice and that seems to be wrong on all sorts of levels. They seem to be able to do what they like to an extent.

Assuming you are a beneficiary the executor owes a duty of care to you. This means that they are liable to compensate you for any undue delays or losses caused by them. I suggest you write formally to the head of the firm and ask for another inquiry.