Issues with Probate solicitor

Anthear

I am a beneficiary and I know that the firm owes me a duty of care, but what does this mean in practice??

When I point things out they simply deny that anything they have done has caused any issues for me.

I can see that at the end of the process, they will submit their bill, I will say that I don't agree and they will withhold a sizable chunk and then spend 2 months sitting on my complaint only to come back to me saying that they believe their charges are 'reasonable'. I will then refer to the Ombudsman and it'll take around 3 to 4 months before a decision is made. So another 6 to 8 months having to deal with them :-(((((

Yorkshireman99

Anthear wrote: »

I am a beneficiary and I know that the firm owes me a duty of care, but what does this mean in practice??

When I point things out they simply deny that anything they have done has caused any issues for me.

I can see that at the end of the process, they will submit their bill, I will say that I don't agree and they will withhold a sizable chunk and then spend 2 months sitting on my complaint only to come back to me saying that they believe their charges are 'reasonable'. I will then refer to the Ombudsman and it'll take around 3 to 4 months before a decision is made. So another 6 to 8 months having to deal with them :-(((((

The duty of care means that they have to act in a competent and timley manner. They have to pay compensation for any losses you have suffered as a result of their delays. The solution is in your hands.

Anthear

Yorkshireman99 - you make it sound sooooo easy - it has been an uphill slog for almost 18 months now. The advice I have had is that the timescales are not unusual - notwithstanding 'The Executor's Year'. I will keep bashing away, but it is hard work. I guess in the grand scheme of things the only loss I can claim for is loss of interest on the money I am due and the knock on effects on other areas of my life which are difficult to quantify in monetary terms. As one solicitor advised me 'Principles cost money'!!!

ukmaggie45

Hello Anthear, I really feel for you. I know that's no help! LOL! But I had solicitor problems when my parents died, within about 6 weeks of each other, and came to these forums to ask for help. The thread I started runs over 6 years, and 15 pages. But it's here if you want to take a look...

Looking back there were all kinds of hints that solicitor wasn't really doing things right. And in the end that was proved as his partner was struck off, and I think he only got away with it as he was the local coroner. So our antsy feelings were correct, but there wasn't a way to find stuff out.

Early on I think I went to Law Society, but names of everything has changed over the years. It was useless anyway, as I was beneficiary and not client! Sound familiar?!

I don't think that I can help you in any way really, other than offering my very long thread for you to maybe take a look at. But if you have any questions you think I might be able to help with just ask... I prob won't have answers though - sorry!

Having gone through around 7 years from parental deaths to final payout I wish you good luck!

My very best wishes to you from Liverpool.

Anthear

Hi UKmaggie45 - just had a quick look at your thread - oh my goodness!

I just can't get my head around the fact that there are people out there who DELIBERATELY act in an obstructive manner in order to make money, and seem to have no kind of moral code.

How did things pan out in terms of charges/costs? Did you have to have the costs assessed and why did it take 7 years before payout?

So sorry you went through all of that - sounds like the Solicitor was totally unreasonable. :-((((

sammy1234567

Did anyone ask them to stand down as executor? Can one or all of the beneficiaries write a joint letter and ask them to do that? Maybe they would listen if it was all of you?

Ideally you'd be able to remove them as executor since they aren't doing a good job. But, From what I've read, it's v difficult to remove an executor for misconduct - the misconduct has to be v serious. Also one factor taken into account in the v few cases out there is whether the deceased appointed the exec in the will - if so it's more difficult to remove them.

Did the deceased appoint them? Or was there no one who wanted to be lay executor, so the solicitors were appointed?

Anthear

The deceased appointed them and they said they were obliged to continue to act. I did say I wanted someone else to do it, but they refused. It has got to the last stages now, and this will be the interesting bit because I am wondering how much they are going to hold back from distribution. Does anyone know how this works??

Also, does anyone know about asking for a costs assessment? I know you have to apply within something like 2 weeks from when you get the bill, but haven't been able to find much out.