Can solicitor begin conveyancing without signed permission?

Woolington

Hi all,
I'm one of four executors/beneficiaries. We are selling a jointly owned property and have all agreed provisionally to having the same solicitor's firm as is dealing with our estate to do the conveyancing.

One sibling (we don't all get on) has said that she's signed the terms and conditions document from the conveyancing solicitor and is now filling in the 'fittings and fixtures' form. Is it possible for her alone to have given the solicitor the go ahead? shouldn't we have all signed and/or had the same documentation? Or is it a fib?

Thanks in anticipation!

davidmcn

Have you spoken to the solicitor about it? Have they actually "began conveyancing"? Are you expecting the solicitors to seek instructions from all four of you individually before doing anything, or would it make more sense for instructions to be channelled through one executor? (presumably you wouldn't be happy with the latter if you're readily accusing your fellow executor of fibbing!)

Woolington

"began conveyancing"?

I don't know what the first part of conveyancing is, but presumably if documents have been sent to one executor to fill in then this is the beginning?

Are you expecting the solicitors to seek instructions from all four of you individually

Yes I'm afraid so! or at least for us ALL to be informed that only one of us will be dealing with whatever is needed - surely that's to be expected?

The 'fibber' just keeps making wars where there shouldn't be any; the rest of us have a developed polite truce.

davidmcn

Woolington wrote: »

I don't know what the first part of conveyancing is, but presumably if documents have been sent to one executor to fill in then this is the beginning?

Maybe the solicitors will be checking with the rest of you that you agree with the information before anything else happens? Only way to find out is to ask.

Woolington

Maybe the solicitors will be checking with the rest of you that you agree with the information before anything else happens? Only way to find out is to ask

so the filling in documents possibly IS a bluff. (remembering that she likes to create arguments) You're right - I'll ring the solicitor now! thank you

Smodlet

While I admit I know nothing about probate issues surely, if all four of you are executors you could, individually or separately (ideally together) instruct the solicitor to take no action unless approved in writing by all four of you, I would have thought.

This may cause the selling process to be delayed but, if you are not happy to allow this (self-appointed?) representative to be the main point of contact, I suggest you act now and make your position clear to the solicitor.

Linton

It is not reasonable to expect the solicitor to handle multiple possibly contradictory instructions from each of 4 executors. Having seem this and your other postings I strongly suggest that you all start working together and agree one person to handle each external contact.


Note that each executor can act on their own unless perhaps the will explicitly says otherwise, though if they do they are personally responsible to the beneficiaries for the consequences.

Thrugelmir

Linton wrote: »

Note that each executor can act on their own unless perhaps the will explicitly says otherwise, though if they do they are personally responsible to the beneficiaries for the consequences.

Depends who probate is granted to. As to who has authority to act.

need_an_answer

you've all agreed provisionally to use this solicitor?

Are you trying to say that that's not the case now?

Surely as executors you need to put differences aside and work as a team to achieve the wishes of presumably someone who believed you were the best people to sort out their estate when the time came.

From what I read you seem to suggest that a fixtures and fitting form has been handed out for completion...something that done well will require a bit of time and effort on the part of the person who fills it out....so as yet you haven parted with a deposit or the solicitor gone off and gained anything that has monetary implications to the estate.

Please remember that eventually someone will want to enter into a contract with you all to buy this property that you are all handling and they don't want to become embroiled in the squabbling's of you executors....having been the potential purchaser of a property under these circumstances I can assure you its not a pleasant situation. Waiting for agreement of all parties actually meant that we walked away from a very good property after getting very little 8 months into the purchase simply because of warring siblings. The property was eventually sold many more months later at a reduced price to our offer

Act in a reasonable manner to get things done quickly efficiently and dare I say in a professional grown up manner rather than taking sides against one you don't get on with

Smodlet

Linton wrote: »

It is not reasonable to expect the solicitor to handle multiple possibly contradictory instructions from each of 4 executors. Having seem this and your other postings I strongly suggest that you all start working together and agree one person to handle each external contact.


Note that each executor can act on their own unless perhaps the will explicitly says otherwise, though if they do they are personally responsible to the beneficiaries for the consequences.

I don't recall saying it was reasonable... Or practical but it is the OP's/other executors' choice.

need_an_answer wrote: »

you've all agreed provisionally to use this solicitor?

Are you trying to say that that's not the case now?

Surely as executors you need to put differences aside and work as a team to achieve the wishes of presumably someone who believed you were the best people to sort out their estate when the time came.

From what I read you seem to suggest that a fixtures and fitting form has been handed out for completion...something that done well will require a bit of time and effort on the part of the person who fills it out....so as yet you haven parted with a deposit or the solicitor gone off and gained anything that has monetary implications to the estate.

OP, surely common sense suggests that the more efficiently (and therefore quickly) this matter is handled, the less painful it will be for all parties concerned not least because you can all go your separate ways, no?

I am sorry for your loss.

Linton

Thrugelmir wrote: »

Depends who probate is granted to. As to who has authority to act.

For those things that need probate. And I do not think there is any reason why only one executor would not be able to ask for grant of probate. Of course the others could raise a caveat if they wish. It's all a good way of spending the estate's money.