'Mr A Jones RE Master B Jones'

steampowered

I'm not sure I agree that the solicitor is liable.

I'm doubtful that a solicitor would be liable for wrongly distributing assets from an estate unless you could prove they were negligent?

If the solicitors had not been told that the account was in trust (if indeed it was in trust) then I'm not sure they would have been negligent. There is a limit to how much time you can expect a professional to investigate a £1000 savings account unless you want the whole of the estate to be taken up by legal fees.

james312235 wrote: »

This happened almost 10 years ago.

I suspect that any legal claim you might have had is probably time barred. The limitation period for negligence claims and breach of contract claims is 6 years.

james312235 wrote: »

So potentially the amount that I could negotiate as a settlement from the solicitors is significantly higher than the £1000. I WOULDN'T GET YOUR HOPES UP OF GETTING ANYTHING AT ALL First, there's any interest due (inflation rate or something else?). INTEREST CAN BE AWARDED AT THE JUDGE'S DISCRETION Second, they are likely to have charged too much in fees (as the estate was overvalued). NOT SURE I UNDERSTAND HOW THIS RELATES TO THE ESTATE Third, there's the emotional damage of going back through all this. THIS IS NOT SOMETHING THE LAW LETS YOU CLAIM FOR

masonic

steampowered wrote: »

I suspect that any legal claim you might have had is probably time barred. The limitation period for negligence claims and breach of contract claims is 6 years.

The claim here is that the estate was not disbursed correctly. If a claim was brought be under the Inheritance Act there is a time limit of 6 months from the date of probate being granted, except in the case of fraud or other exceptional circumstances.

As you say, if the claim is one of negligence or breach of contract against the solicitor directly, then that is time barred.

I suppose complaining and escalating to the Legal Ombudsman Service might be an option.

masonic

IanManc wrote: »

I'm not arguing with your analysis of the situation, but execution of the will is the lawful signing and witnessing of it. The complaint here is about the administration of the estate. Administration is what happens after death, for both testate and intestate estates.

Yes, poor choice of phrase on my part and liable to confuse. Corrected. Executors do not execute, they disburse.