Solicitor said I cant have a representative

KittyKat2121

Firstly thank you for clicking on my post, and I hope someone is able to give me some guidance.

To explain:

I am an executor on both my late parents wills, along with my sister.
Probate is still currently ongoing and has just approached the 3 year mark since the loss for my dad, and then my mother. (I am aware this is taking much longer than required!!!!)

Due to the time it is taking and the lack of information I’m not getting, I recently emailed the solicitor on several occasions, surprisingly with no reply from them! Not even a courtesy acknowledgement! (But they have billed me for reading them!).

So my next step was to arrange an appointment with them, in which I did. I asked my girlfriend to attend with me as a representative (as she understands the process better than I). So we arrived for my appointment and upon being greeted by the relevant solicitor, the solicitor then said to me ‘I’m sorry, but your girlfriend can’t come in, because you are the client with your sister (who wasn’t present), and with data protection, I just can’t allow it’.

So firstly, I’m trying to establish if this is right? As I thought that if my consent is given to have my partner present, then they have to allow it. After all, it’s was just in relation to questions we had regarding the will and probate, after all it is just myself who is getting the residuary estate, and we weren’t discussing my sister?

I would really appreciate to advice on this...........

getmore4less

Has the solicitor taken out the grant or are you and sister on the grant with you instructing solicitors.?

KittyKat2121

The Solicitor is dealing with everything! My sister also works for the firm! but has been useless.

getmore4less

You have not answered the question.

Owain_Moneysaver

KittyKat2121 wrote: »

the solicitor then said to me ‘I’m sorry, but your girlfriend can’t come in, because you are the client with your sister (who wasn’t present), and with data protection, I just can’t allow it’.

So firstly, I’m trying to establish if this is right?

Yes. The client is both you and your sister as executors to the estate (presumably), and the solicitor cannot divulge any information without your sister's consent as well as yours.

The solicitor will also be cautious that under some circumstances your partner might become eligible as a beneficiary (if you die leaving your inheritance to her) and the solicitor cannot disclose legally privileged information to a potential opponent in a lawsuit.

KittyKat2121

To be honest I don't really understand the process, hence my sister dealing with it, but as Im getting know where with her I'm having to check everything. The only information I can find is a copy of the grant from the probate registry, with both our names on and it was extracted by the solicitors. (does that help?).

KittyKat2121

Owain_Moneysaver wrote: »

Yes. The client is both you and your sister as executors to the estate (presumably), and the solicitor cannot divulge any information without your sister's consent as well as yours.

The solicitor will also be cautious that under some circumstances your partner might become eligible as a beneficiary (if you die leaving your inheritance to her) and the solicitor cannot disclose legally privileged information to a potential opponent in a lawsuit.

Thankyou for responding. So if I consult with my sister, and she then gives her consent to the solicitor, along with myself, then the solicitor can discuss with my partner or can they still refuse?

getmore4less

As you are named on the grant get together with your sister then if she can't tell you what is going on and accept someone needs to get on top discuss changing solicitors.

As you are named on the grant you should at least have seen and agreed the IHT forms.

You should also have an inventory and account with the current status.

Savvy_Sue

I can follow Owain's reasoning, but DH came to at least one 'executor' appointment with me to take notes. All that was required was that he provide ID in the same way I had to. The main time I remember, we had dreadful weather and it wasn't possible for my co-executor to get to the appointment, so it was me and DH rather than me and co-exec.

However, I don't think you'll usually make much headway arguing with a solicitor over this kind of thing ...