Money left to me in a will, solicitors want me to pay them for releasing it!? HELP!

TBC15

Is there any reason the person who took on the responsibility of executor is not responsible for paying the bill from the estate?

What did the will say?

doe808

Speak to the law society if you think you have an issue. They have a phone line you can call.

However, it pretty common to be charged in circumstances like this. If its a large estate, I would not worry about it. It will undoubtably cost you more in the long run.

Malthusian

How much was put into the Trust 10 years ago and how much is due to you now?

steampowered

I do not understand the posters who are suggesting complaining about the solicitor.

Dealing with the assets of an estate, and ensuring that money is paid promptly, is the responsibility of the EXECUTORS.

If the executors fail to do this, that has nothing to do with the solicitor who originally wrote the will. If the executors decided to administer the estate themselves, but they screw it up by failing to deal with the trust properly, as happened in this case - take it up with the executors! 

You cannot expect the solicitors to have done the executor's job for them, just because they wrote the will originally. They weren't paid to do that.

It sounds like, in this case, professional assistance was required from the solicitor to fix the executor's mess and sort out the funds. The solicitors are correct to expect payment for this. £250 + VAT sounds like a reasonable price to me.

Though, I don't really understand why the executors decided to get the bank to transfer funds to the solicitor rather than to themselves directly.

You could suggest to the executors that they foot the bill, given that they appeared to forget about your money for 2 years? Though it won't be worth causing a family rift for the sake of £250.

Uxb1

No good blaming the executor out of hand now either unless we can discover how the trust was set up 10 years ago and how expenses incurred in managing it and winding it up are meant to be accounted for.
Maybe even the original will writing solicitors WERE the trustees's.....
One suspects as usual that is was a messed up will where nothing was clear and no one wanted to incur the expenses or allow for what was going to happen in 10 years time when it became payable. Yes, and I've seen pro-solicitors drafted wills where what was meant to happen was certainly not clear.
Anyway think yourself lucky the executor is not themselves deceased!

Newly_retired

Depending on the amount of the Trust fund, you might pay up to be able to get the money, then take it up  with the executors, if you think it is worth it. 

I think it is inevitable that the present solicitors need to be paid. They are not the ones who drafted the will or failed to administer the trust correctly.

bogleboogle

Solicitors are under an obligation to make clear to you from the outset (and subsequently as the matter progresses) how their work for you will be billed under CCS 8.7. Solicitors are also under an obligation to make clear to you - from the outset - information regarding their complaints procedure under CCS 8.3 (applicable to law firms as a result of CCF 7.1) 

From what you've written, it would appear that the solicitors concerned have not met these duties. As a result, it might be worth pursuing a complaint to the solicitors' firm. 

I should make clear that this does not constitute legal advice and is my opinion given in a personal capacity based on the limited facts presented. 

dd95

fred246 said:

If you're not happy then you can take them to court. Oh dear that's what they do for a living and they should win seeing you have no experience of going to court. The judge who is also legally trained and getting paid a fortune for his legal services is unlikely to side with someone arguing that the legally trained solicitor is charging too much. In short solicitors are the biggest legal crooks around. The best you can do is to kick up a big fuss and hope they will reduce their charges. Careful how you do it though or you could end up in court.

lol. Do you expect your shopping, electrician, mechanic, accountant to be free too?

bigadaj

fred expects everything to be free and then moans he can do better by using youtube videos. As far as I can tell he seems to have taken his own advice but unfortunately started with brain surgery. 

RetSol

bogleboogle said:

Solicitors are under an obligation to make clear to you from the outset (and subsequently as the matter progresses) how their work for you will be billed under CCS 8.7. Solicitors are also under an obligation to make clear to you - from the outset - information regarding their complaints procedure under CCS 8.3 (applicable to law firms as a result of CCF 7.1) 

From what you've written, it would appear that the solicitors concerned have not met these duties. As a result, it might be worth pursuing a complaint to the solicitors' firm. 

I should make clear that this does not constitute legal advice and is my opinion given in a personal capacity based on the limited facts presented. 

I agree.  I also agree with posters who have pointed out that it is the executors' responsibility to administer the estate, including  making payment of professional fees.  At the end of the day, the fees come out of the estate so it may not make much difference to the OP.  However, the solicitors have been dilatory (it would appear) and appear to have sent the resulting bill to the OP.  In the circumstances, a formal complaint by the OP to the solicitors about their dilatory conduct and a request for remission of fees plus compensation for the inconvenience caused to the OP may be the way forward.  I made a complaint about unjustified delays on a conveyancing matter to a firm of sols a couple of years ago using the Legal Ombudsman's template letter, threw the (factual) kitchen sink at it and came out on top.  The sols are required to have a complaints procedure in place and to nominate a partner to deal with complaints so the OP has nothing to lose by making a formal complaint.  Complain!  They can't touch you for it!