Solicitor not responding

mp80

Hi
my late uncle left a few euros (80k) to my father (his brother) in 2017 - my father passed away recently but i found it hadn’t been collected. I’m the sole beneficiary - I got in touch with the solicitor dealing with the estate in Ireland who was helpful and sent me a pile of the relevant forms to register to pay IHT in Ireland, etc.  since I’ve done that I’ve heard nothing (it’s been 3 months nearly), they don’t answer my letters, phone me back or respond to emails.  I’ve got probate of my dads estate and sent them all the details - I’m wondering what to do next to find out what’s going on?? Are they not legally obliged to settle this as quickly as possible?

Marcon

mp80 said:

Hi
my late uncle left a few euros (80k) to my father (his brother) in 2017 - my father passed away recently but i found it hadn’t been collected. I’m the sole beneficiary - I got in touch with the solicitor dealing with the estate in Ireland who was helpful and sent me a pile of the relevant forms to register to pay IHT in Ireland, etc.  since I’ve done that I’ve heard nothing (it’s been 3 months nearly), they don’t answer my letters, phone me back or respond to emails.  I’ve got probate of my dads estate and sent them all the details - I’m wondering what to do next to find out what’s going on?? Are they not legally obliged to settle this as quickly as possible?

Time to complain. See https://www.lawsociety.ie/Public/Complaints-against-solicitors

SeniorSam

Just a possibility that the solicitor may have either died or closed his business.  If you find another solicitors in the same area, they may be able to shine some light on this. If they have ceased trading, then another firm may have taken over the clients.  Hope this helps.

janefitzjane

Would recommend trying to track down a contact for the solicitor by other means - do they work for a company with its own phone number? Or can you find somewhere they worked in the past (might be a bit sketchy)? Or contact another solicitor and get them to do it, though if you have already paid previous solicitor some fees that's not ideal. Could be some legal recourse too.

Marcon

SeniorSam said:

Just a possibility that the solicitor may have either died or closed his business.  If you find another solicitors in the same area, they may be able to shine some light on this. If they have ceased trading, then another firm may have taken over the clients.  Hope this helps.

This should answer the point:  https://www.lawsociety.ie/Find-a-Solicitor

If it doesn't, the complaints process will - you complain to the Law Society of Ireland, not the solicitor.

TBagpuss

You say that they don't return your calls - have you been trying to speak to a specific individual? The fact that you mention they haven't returned calls suggests that there is still someone in the office answering calls, so it's probably worth trying to speak to someone other than the individual who is ignoring you. 

 I'd suggest calling again and ask to speak to the head of the department - check if the solicitors have a website that tells you who that is, or failing that, phone and ask to speak to the complaints partner. 

If that doesn't help,  put in a formal written complaint to the solicitors - then if they don't respond then go to https://www.lsra.ie/for-consumers/making-a-complaint/ 

mp80

Just bouncing this.  It’s become quite a saga.  It’s now two years on and the estate is still not settled. Every few months I get some fob off style update apologising for some delay, etc or that someone was off sick so it took months to sign a form… the latest is awaiting probate for an asset in the UK.  I’ve had countless false promises etc it’s become a bit of a running joke at home. 

Is it me, or is approaching six years a ludicrous amount of time to settle an estate? I thought the executors had a duty to settle within a sensible timeframe? 

I’m not sure what I can actually do though. Legal action against the executors is probably a waste of time and will end up introducing cost and further delays. 

Marcon

mp80 said:

Just bouncing this.  It’s become quite a saga.  It’s now two years on and the estate is still not settled. Every few months I get some fob off style update apologising for some delay, etc or that someone was off sick so it took months to sign a form… the latest is awaiting probate for an asset in the UK.  I’ve had countless false promises etc it’s become a bit of a running joke at home. 

Is it me, or is approaching six years a ludicrous amount of time to settle an estate? I thought the executors had a duty to settle within a sensible timeframe? 

I’m not sure what I can actually do though. Legal action against the executors is probably a waste of time and will end up introducing cost and further delays. 

What happened when you made a formal complaint as suggested above?

mp80

I didn’t, because they started to engage and have done sporadically over the last 18 months with letters.  Under the law there the only recourse I have is take legal action against the executor for incompetence as it’s been longer than 12 months and have them removed - however reading into the practicalities of actually achieving it, I’ve got more chance of winning the lottery, and would need to given the costs of doing so.  

mp80

Bouncing this one again, as it's still unresolved and I'd like some advice.  I managed to get someone from "Citizens Information" (the equivalent of CAB in IE) and was told the law society only deals with complaints where the individual is a direct client under contract of business.  

Anyway, where I am now

- We're on to Year 8 of this mess!
- Probate was granted to the UK asset in December 2023
- Since then I've had letters in Jan 2024 about "getting authorisation from the revenue" and "accountants going through the estate" blah, blah, blah - all word soup tbh.  No action or movement since.

Where I understand I am now, since probate has now granted in all cases and the "executor year" since then has passed, I do perhaps have some rights as a residual beneficiary, but it all seems so grey in law.   No idea what to do next to push this on.  I've written formal letters months ago, recorded delivery and digital, asking for statements of account, received and no response.  Firm still trading, etc.
 

mattojgb

Anyone can make a complaint against a solicitor for misconduct. Complaints to be directed to the lsra website posted above. They have a phone number you might want to try in the first instance. Would suggest including as much detail as possible in the complaint.