Please comment as I need Executor Advise and should I go to the Legal Ombudsman?

[Deleted User]

Any advise on the following would be much appreciated:

1. With regards to the Administration and Distribution Account document that's been prepared by a solicitor (due to probate/estate), and is then ready to be sent to an executor/executor's. Would I be correct in saying: if two executors are on the one will, should this document then be sent to each executor at the same time, and not sent to one executor for approval first, before then being sent to the other executor for their approval two weeks later?

2. Should both executors discuss the above Administration and Distribution Account document together before confirming their approving? As I have been advised by my solicitor, that the other executor is not obliged to "check things over" with me before providing their approved agreement . Firstly, is that right, and secondly, especially when the other executor is a sibling?

3. I received a generic letter, and a general terms of business letter from my solicitor at the very start on their dealings regarding probate back in January 2017. These letters confirmed how they would act and carry out their work. I have recently reviewed this letter as I have some concerns.  Firstly, The 'time-scale' section, refers to them anticipating completion with 12- 18 months (This is all that section states). However, probate is still ongoing and has so far taken 40 months, and I have questioned this with them. Their response to this was "that their letter can only provide an estimate as to the time scales and are not in themselves conclusive". Again, is this right?
Another section of their letter refers to "Raising concerns about our service". This informed me to contact the solicitor firstly, but that if I remained concerned to contact their "Client Care Member". 
I have since raised a official complaint along with questions to the solicitor in question, they did respond to some of my questions, but failed to acknowledge my complaint within their response to me: I found this to be very unprofessional of them. 
As I remained concerned, I contacted the 'Client Care Member' with my complaint, the person in question read my email but also failed to acknowledge it by any means. 
I have had to contact them on several occasions now, informing them of my unhappiness and that I will look to go to the Legal Ombudsman. I eventually receive a response from my solicitor, informing me they have arranged for the 'Client Care Member" to send me a formal response!
I finally receive a formal response, which is all over the place, and they state "I hope this provides clarity and responds to your complaint". They also inform me to contact my solicitor if I have further concerns. Is it me, but isn't it the job of the "Client Care Member" to ask me to address my concerns back to her, and that if I remain unhappy I have to right to go to the Legal Ombudsman!

I am really keen to hear your opinions on the above, and do you think I should now seek help from the legal Ombudsman?
many thanks for your replies in advance.

Brynsam

SweetPickle said:

Any advise on the following would be much appreciated:

1. With regards to the Administration and Distribution Account document that's been prepared by a solicitor (due to probate/estate), and is then ready to be sent to an executor/executor's. Would I be correct in saying: if two executors are on the one will, should this document then be sent to each executor at the same time, and not sent to one executor for approval first, before then being sent to the other executor for their approval two weeks later?

2. Should both executors discuss the above Administration and Distribution Account document together before confirming their approving? As I have been advised by my solicitor, that the other executor is not obliged to "check things over" with me before providing their approved agreement . Firstly, is that right, and secondly, especially when the other executor is a sibling?

3. I received a generic letter, and a general terms of business letter from my solicitor at the very start on their dealings regarding probate back in January 2017. These letters confirmed how they would act and carry out their work. I have recently reviewed this letter as I have some concerns.  Firstly, The 'time-scale' section, refers to them anticipating completion with 12- 18 months (This is all that section states). However, probate is still ongoing and has so far taken 40 months, and I have questioned this with them. Their response to this was "that their letter can only provide an estimate as to the time scales and are not in themselves conclusive". Again, is this right?
Another section of their letter refers to "Raising concerns about our service". This informed me to contact the solicitor firstly, but that if I remained concerned to contact their "Client Care Member". 
I have since raised a official complaint along with questions to the solicitor in question, they did respond to some of my questions, but failed to acknowledge my complaint within their response to me: I found this to be very unprofessional of them. 
As I remained concerned, I contacted the 'Client Care Member' with my complaint, the person in question read my email but also failed to acknowledge it by any means. 
I have had to contact them on several occasions now, informing them of my unhappiness and that I will look to go to the Legal Ombudsman. I eventually receive a response from my solicitor, informing me they have arranged for the 'Client Care Member" to send me a formal response!
I finally receive a formal response, which is all over the place, and they state "I hope this provides clarity and responds to your complaint". They also inform me to contact my solicitor if I have further concerns. Is it me, but isn't it the job of the "Client Care Member" to ask me to address my concerns back to her, and that if I remain unhappy I have to right to go to the Legal Ombudsman!

I am really keen to hear your opinions on the above, and do you think I should now seek help from the legal Ombudsman?
many thanks for your replies in advance.

1. Not sure why this couldn't be e-mailed to both executors at the same time, but no issue if one doesn't see it until a couple of weeks after the other executor.
2. Only if they want to.
3. No solicitor (or anybody else) could give an accurate assessment of the time this sort of matter will take.

Sounds as if their complaints procedure has simply served to raise more complaints, so approaching the Legal Ombudsman is probably a good idea. Be aware you could be in for a very long wait - like all such services, they are heavily impacted by lockdown and have large backlogs to handle.

AnotherJoe

SweetPickle said:

You kindly responded by saying 'only if they want too'.
However, I've come across some correspondence from my solicitor stating that they would share my correspondence sent to them with the other executor. Yet, they state that they other executor isn't obliged to check things over with me! The other executor happens to be a sibling and also works for the solicitors in question!

NOTE; IANAL !!!

Two different things.

1. Are they allowed to share your correspondence? I'm unsure. Normally Id say no but if you are both executors, then maybe that's allowed or even mandated.

2. Must the other executor check things with you ?  No, why should they?  In a "normal" sibling relationship I'd expect them to if there were any queries,  but if they see the documents that have been produced by the solicitor and think they are OK, why would they need to check things over with you, they'll just tell the solicitor "looks OK to me".

What sort of things?  You haven't given an example but lets say a ring has been valued at £1,000 and the other executor thinks thats fine, they wont raise it with you, whereas  you might think its worth £100 or £10,000 and wish to raise it with them.

I take it you are not on speaking terms with your sibling and unfortunately agreed to use their solicitors practice to speed things up or because they got a deal?

getmore4less

read all 3 threads 
https://forums.moneysavingexpert.com/profile/discussions/SweetPickle

Brynsam

getmore4less said:

read all 3 threads 
https://forums.moneysavingexpert.com/profile/discussions/SweetPickle

Why bother?