Help with inheritance and unhelpful solicitors.

SmlSave

Rob_Mogs wrote: »

Solicitors have been told numerous times they will not get hold of the other one, so I've no idea why (apart from stealing our money) their dragging it out for so long.

Because they have to prove, without a doubt, that they have tried everything possible to contact the said person?

Because people complain/sue solicitors all the time and now they cover their ars*s wherever possible.

securityguy

"Because they have to prove, without a doubt, that they have tried everything possible"

Any legal action ensuing from a will, unless it were criminal, would be civil and therefore settled on the balance of probabilities.

Any criminal prosecution of the solicitor over fraud (or whatever) would have the solicitor as the defendant, and therefore the "beyond reasonable doubt" burden would rest on the prosecution.

There is no scenario in which a solicitor would have to show anything close to what you claim. In the instant case, they would need to show, on the balance of probabilities, that they had taken reasonable steps, used reasonable care and shown due diligence, no more.

"Because people complain/sue solicitors all the time"

How common is it for someone to bring (rather than emptily threaten to bring) a legal action against a solicitor personally over a probate matter? And as the solicitor carries professional indemnity insurance to cover precisely this scenario, how worried would they be about it anyway?

SmlSave

securityguy wrote: »

"Because people complain/sue solicitors all the time"

How common is it for someone to bring (rather than emptily threaten to bring) a legal action against a solicitor personally over a probate matter? And as the solicitor carries professional indemnity insurance to cover precisely this scenario, how worried would they be about it anyway?

You're right, people normally officially complain about the fees, the time it takes, and the service.

It causes stress, lots of time and an increase in premiums to the solicitor.

Rob_Mogs

SmlSave wrote: »

Because they have to prove, without a doubt, that they have tried everything possible to contact the said person?

Because people complain/sue solicitors all the time and now they cover their ars*s wherever possible.

But I shouldn't have to lose out for them covering their !!!!.

One phone call and one ignored letter is all they need!
So if they've tried everything possible, does that mean someone from that office has traveled to the address they have for him?

Rob_Mogs

Just to add to this, the one executor has also failed to get in contact with the solicitor, and once spoken to the receptionist has then not had any correspondence back.

poppystar

Just to clarify who actually appointed the solicitors? I am assuming that is it the executor and not you otherwise you may be running up a bill rather than your father's estate.

Rob_Mogs

poppystar wrote: »

Just to clarify who actually appointed the solicitors? I am assuming that is it the executor and not you otherwise you may be running up a bill rather than your father's estate.

Solicitor was who my father chose to deal with things.

I had no idea you didn't need one or I'd have tried to insist they weren't involved at all

konark

I had no idea you didn't need one or I'd have tried to insist they weren't involved at all

They aren't involved at all, as they haven't been appointed by either 'Our man in Manilla' or the remaining executor who apparently hasn't made it past the receptionist. Surely the solicitors checked you were the executor when they took instructions from you.

Your father chose the executors to deal with things!

Rob_Mogs

konark wrote: »

They aren't involved at all, as they haven't been appointed by either 'Our man in Manilla' or the remaining executor who apparently hasn't made it past the receptionist. Surely the solicitors checked you were the executor when they took instructions from you.

Your father chose the executors to deal with things!

I'm not an executor and the one executor took all information into the office so must've 'appointed, them.

Rob_Mogs

I still have had absolutely no reply on this from the solicitor and still cannot get hold of the solicitor dealing with it and am about ready to write the whole idea off.

Can anyone confirm how long it should take to deal with an estate where it was clearly defined in a will who is to get a share of 34k (which is in two separate bank accounts ) and is only being decided between three siblings, as to be fair a lot of people have told me that this should have been sorted in a matter of a few months.

Well I'm now getting on for 9 months with having heard absolutely nothing.

Also what body would I need to approach to make a complaint about the solicitors who were chosen to deal with it.