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Is this acceptable?

Davos020
Davos020 Posts: 1 Newbie
edited 20 November 2017 at 4:41AM in Deaths, funerals & probate
Many thanks for your replies
«1

Comments

  • TonyMMM
    TonyMMM Posts: 3,441 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    A "Reading of the Will"only happens in movies - not in real life.

    If probate has been granted though, the will becomes a public document and anyone can order a copy of it from the probate website (https://probatesearch.service.gov.uk/#wills) for £10.

    It is normal for a solicitor acting as an executor to charge an hourly rate (which could easily be c£200+), and a % of the estate value (often 1-2%) on top of that. Every time you contact them they will be charging you for dealing with your questions.

    Just shows why nominating a solicitor as the executor is such a bad idea... but if they are, there is little you can do.

    The firm will have a complaints procedure - ask them for details, that may just give them a nudge to get things finished.
  • Margot123
    Margot123 Posts: 1,116 Forumite
    You say the bill is already up to £16,000. This does appear excessive but we don't know the total value of the estate.
    Also remember that a solicitor has a greater responsibility to protect the estate's interests eg not accepting lowball offers for the property.
    Unoccupied property insurance normally stipulates weekly checks, and perhaps that is what the solicitor has had to agree to in their role as a professional executor.
  • Margot123
    Margot123 Posts: 1,116 Forumite
    The insurance company haven't actually confirmed what the arrangement is with them though, so it could be weekly.

    What was the time gap between the first, previously accepted, offer and the next one of the same amount? House prices are rising quite rapidly at the moment, and the solicitor may be looking at the average %age increase of similar properties in the area. Also, do you have firm evidence of the second offer ie estate agents letter or is it just hearsay?

    Not defending them but looking at what could be reasonable actions.
  • Margot123
    Margot123 Posts: 1,116 Forumite
    "Yes, I've spoken to the insurance company and they informed me that the executor stated weekly, and not them........."

    This appears to be a breach of The Data Protection Act by the insurance company.
  • ttoli
    ttoli Posts: 825 Forumite
    Part of the Furniture 500 Posts
    It could be well worth contacting the Law Society http://www.lawsociety.org.uk/ (Solicitors governing body )

    With my late parents estate , I had various issues with the original solicitor , the Law society were a great help and saved me thousands

    Good luck
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Get them to transfer the property to the beneficiary and get them out of the loop.

    Solicitors we used were great they left everything to do with a house to us, they just signed whatever paperwork was put in front of them.
  • Margot123
    Margot123 Posts: 1,116 Forumite
    I'd suggest you gather all the evidence you can (written letters or emails are best), and then contact the solicitor's senior partner asking for an explanation of their delays etc (a template letter is available on the Legal Ombudsman's website).

    The Legal Ombudsman's office is very helpful in these circumstances. They have supported me in the past where a solicitor had practically held a will to ransom in order to coerce a family into signing them up (to the tune of £8,000) to do a simple estate administration.
  • Margot123 wrote: »
    I'd suggest you gather all the evidence you can (written letters or emails are best), and then contact the solicitor's senior partner asking for an explanation of their delays etc (a template letter is available on the Legal Ombudsman's website).

    The Legal Ombudsman's office is very helpful in these circumstances. They have supported me in the past where a solicitor had practically held a will to ransom in order to coerce a family into signing them up (to the tune of £8,000) to do a simple estate administration.
    The solicitor's own complaints procedure has to be completed first before involving the ombudsman.
  • Margot123
    Margot123 Posts: 1,116 Forumite
    The solicitor's own complaints procedure has to be completed first before involving the ombudsman.

    This is why I put this first........
    "I'd suggest you gather all the evidence you can (written letters or emails are best), and then contact the solicitor's senior partner asking for an explanation of their delays etc (a template letter is available on the Legal Ombudsman's website)."
  • Davos020 wrote: »
    They don't have one on their website so once the sale goes though I will be contacting them to ask for their complaints procedure.
    Why wait? Just write NOW to the senior partner by signed for letterstating your complaint.
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