Solicitor gone into Administration

Bariwhites

Yorkshireman99 wrote: »

Noited and thanks for clarifying things. If you are in touch with the executor then he is the obvious person to give th new firm the go ahead.

The problem is we don't really want a firm miles away doing this. Would he potentially stand down as he is retired?

Yorkshireman99

Bariwhites wrote: »

The problem is we don't really want a firm miles away doing this. Would he potentially stand down as he is retired?

I would expect so. Have you asked him? Are the new firm close by?

Bariwhites

This is starting to become a bit of a nightmare. Files were eventually sent to the executor (retired solicitor) about five weeks ago. As far as we can see he has done nothing with them!

He hasn't appointed anyone else to do the work and hasn't done anything himself.

My mum's cash assets that were in the firms client account have been with the administrator for around eight weeks now and nobody has contacted them to get the funds released.

DWP investigation ongoing and they have been awaiting bank statement for some time now.

We are also concerned that as the executor isn't a current licensed solicitor we wouldn't be covered if he went off with all the cash.

What's the next option, I guess a letter asking him to explain what is going on and what action he is actually doing?

Yorkshireman99

Bariwhites wrote: »

This is starting to become a bit of a nightmare. Files were eventually sent to the executor (retired solicitor) about five weeks ago. As far as we can see he has done nothing with them!

He hasn't appointed anyone else to do the work and hasn't done anything himself.

My mum's cash assets that were in the firms client account have been with the administrator for around eight weeks now and nobody has contacted them to get the funds released.

DWP investigation ongoing and they have been awaiting bank statement for some time now.

We are also concerned that as the executor isn't a current licensed solicitor we wouldn't be covered if he went off with all the cash.

What's the next option, I guess a letter asking him to explain what is going on and what action he is actually doing?

A retired solicitor I.e. without a practicing certificate is not allowed act professionally. I suggest contact with the regulator. The money will be safe but not available immediately.

TBagpuss

The retired solicitor can, as executor, instruct a new solicitor to carry out the work. If you can identify which firm you wold like to deal with the matter, you can ask him to instruct them.

If he has not yet applied for probate or dealt with the estate he may still be able to renounce - that would leave you with no executor, and I think at that point you could apply to administer the estate yourself, in accordance with the will.However, if work had already started about getting your mums assets in then it's probably too late for him to step down, so a specific request to instruct a local firm may be more appropriate.

Yorkshireman99

TBagpuss wrote: »

The retired solicitor can, as executor, instruct a new solicitor to carry out the work. If you can identify which firm you wold like to deal with the matter, you can ask him to instruct them.

If he has not yet applied for probate or dealt with the estate he may still be able to renounce - that would leave you with no executor, and I think at that point you could apply to administer the estate yourself, in accordance with the will.However, if work had already started about getting your mums assets in then it's probably too late for him to step down, so a specific request to instruct a local firm may be more appropriate.

Noted and agreed. Nevertheless he should get on with it without delay and keep the OP posted.