Struck off solicitor is sole executor... what next?

Mark2spark

Hi all, as the title says briefly.
A few facts, in no particular order.
I have an Uncle that has died. He was unmarried, with no children. He left a will. It was drawn up by a solicitor firm that has since been struck off/folded/no longer licensed to trade. The main solicitor with this firm was named as sole executor.
I have been (verbally) informed that I am named as a beneficiary in this will. I do not have a copy of this will. There are other (family) beneficiaries. One of these family members has a copy of this will, but refuses to divulge it.
I do not know where to go next. The solicitor, as named executor, is obviously unapproachable. This solicitor obviously won't be (isn't allowed to) apply for probate.
Is there even somewhere where a secondary copy of the will is stored?
I have read through the Probate Office website info (and many other sites), but can't seem to establish a direction in which to proceed.
The Estate probably runs into the hundreds of thousands, but below inheritance tax threshold. (but this is all unknown without any knowledge of the will's contents etc).
If beneficiaries are unaware that they are so named, how can anyone proceed to a new executor footing?
Complicated, huh? lol
There's a possibility that there's an equity release lifetime mortgage on the property, so there's an accumulating interest pressing need to get things moving along.

Mark2spark

Hmmm. Just thinking out loud. Even if I did get a copy of this will, and it was as I posted above, i.e. that I am named, where would one go to proceed further without a named executor that was able to fulfill the role?
Would the beneficiaries make a collective application for Probate?
Thanks

Keep_pedalling

The first thing to do is find out where the original will is, so your first port of call is the SRA.

https://www.sra.org.uk/consumers/problems/solicitor-closed-down/

MalMonroe

I'm sorry for your loss. And also that your relative is being so awkward. Why won't they share the will?

Citizens Advice has some information here - https://www.citizensadvice.org.uk/family/death-and-wills/wills

And according to information in this link, you can contact the Solicitors Regulation Authority, and they tell you how -

https://www.sra.org.uk/consumers/problems/solicitor-closed-down/

If you haven't been allowed to see the will but you believe that you are a beneficiary of it, you can challenge it, as per the information in the Citizens Advice link. If the relative who has a copy of the will but refuses to share it believes that they will be in a position to inherit everything if they keep the will a secret, they are very much mistaken. The only problem is that the other beneficiaries, including you, will be put to great inconvenience and some expense in order to inherit what is rightly theirs.

Isn't there anyone at all who can reason with the stubborn family member?

doodling

Hi,

My first question is who is the executor. Has the solicitor renounced, or are they still the executor?

The only difference that the solicitor being no longer a solicitor makes is that they cannot charge for their services, they still have the option of executing the will.  If you are a residual beneficiary the  there is no reason why they shouldn't share a copy of the will with you although they don't have to.

Assuming that the ex-solicitor renounces then you need to establish who will be executing the will. If you are a beneficiary then you could apply to be executor (letters of administration with attached will) but you'd need the will to do this.

If you would stand to inherit under the laws of intestacy then one option for flushing out a will might be to apply for Letters of Administration yourself as if there is no will. If someone is holding a will then they will need to produce it to challenge your application. You'd need to think carefully whether it would be in your interests to do this though.

getmore4less

Mark2spark said:

Hmmm. Just thinking out loud. Even if I did get a copy of this will, and it was as I posted above, i.e. that I am named, where would one go to proceed further without a named executor that was able to fulfill the role?
Would the beneficiaries make a collective application for Probate?
Thanks

There is a defined order of who can apply to administer when there is no named executor left to do it.

off the top of my head I think it is.
Residual beneficiaries named in the will.
Beneficiaries under the rules of intestacy( all at each level get the option to apply and then it goes to next level in none want to)
Creditiors.

Mark2spark

Thank you all for your replies.
The SRA was a good link, and I've now found out more info than I could originally obtain (even though I was on the SRA site before, for some reason).
The SRA site gave details of the 'Intervening Agent', - another firm of sols that are holding all paperwork for 'safe keeping'.
So, I have made an initial enquiry with them, see what transpires.
Interesting that a named solicitor could still be the executor, just for voluntary and on an unpaid basis, I suppose that covers a family member who happens to be a (struck off) sol and also executor.
Considering the struck off Sol didn't reply to the alleged breaches to the SRA, knowing full well that a fine and closure would follow, I can't see a hand being raised in volunteering to still be an unpaid executor :-) But the process of trying to contact them to get them to renounce appears to be on the cards, before going to a Probate hearing to try and get a judge to agree that the beneficiaries can appoint their own executor (or DIY of course).
Still, a start has been made, thanks again for all of your replies.

doodling

Hi,

The rule about being paid to execute a will is fairly simple.  If the executor is acting in a professional role (e.g. as a solicitor or a bank or possibly an accountant) with some clear structure as to fees and all the professional oversight, insurances, etc. that goes with it then they are permitted to charge, otherwise they are not.  In this case, by being struck off, the executor has changed his status from a professional to that of a lay-person.

It is possible for a will to make provision for payment to a lay executor but that is relatively rare.

It would be interesting to see the exact wording of the will (when you finally manage to see it!).  If the will appoints "the solicitor, Mr X" as the executor then it is possible he would not need to renounce as that entity no longer exists.  If however the will just appoints "Mr X" then I think he will need to do so.  That is a point which might require legal advice should it ever get that far.

TBagpuss

The wording of the will is critical - it used to be fairly common for professional executors to be appointed individually (i.e. John Smith, Partner in the firm Smith and Smith" but newer wills will often be more on the lines of " partner / partners in the firm of Smith & Smith or their successor practice" in which case either the appointment fails (there are no longer nay partners in Smith and Smith as the firm has closed) or (less likely ) the new firm counts as a successor practice and a partner in that firm can act (or renounce) 

This may be helpful https://www.wrighthassall.co.uk/knowledge-base/removing-and-substituting-executors 

Mark2spark

doodling said:

It would be interesting to see the exact wording of the will (when you finally manage to see it!).  If the will appoints "the solicitor, Mr X" as the executor then it is possible he would not need to renounce as that entity no longer exists.  If however the will just appoints "Mr X" then I think he will need to do so.  That is a point which might require legal advice should it ever get that far.

Thanks again. We (other family members who are also 'assumed' beneficiaries) are proceeding along the lines that the Will is going to be worded similar to "The executor to be Mr Holding, of Holding and Partners... address etc"
Not the real names obviously.
Which would make Mr Holding only able to execute if Holding and Partners still existed. The actual wording on the SRA site is that the firm is "Closed Down".
Again, the wording is crucial, so getting hold of an authorised/sworn/legitimate copy of the 'original' will is a must before any further proceedings can be entertained.
Further enquiries have revealed (on the SRA site) that Mr Holding still retains the solicitors license, but with restrictions, the restrictions being so encompassing that basically form filling is all he is able to do. Can't handle any clients money or run a firm etc
We're not even sure that Mr Holding is the named executor, - it might be a senior partner.
The Intervening Agent hasn't replied yet. It's crossed our minds that an application to a Court might need to be made, just to get the Intervening Agent to disclose the Will, seeing as the deceased is effectively the client.
We think this might be an application (to the court) for a 'Specific Issue Order'. Anyone heard of that?
Thanks :-) 

TBagpuss

Mark2spark said:

doodling said:

It would be interesting to see the exact wording of the will (when you finally manage to see it!).  If the will appoints "the solicitor, Mr X" as the executor then it is possible he would not need to renounce as that entity no longer exists.  If however the will just appoints "Mr X" then I think he will need to do so.  That is a point which might require legal advice should it ever get that far.

Thanks again. We (other family members who are also 'assumed' beneficiaries) are proceeding along the lines that the Will is going to be worded similar to "The executor to be Mr Holding, of Holding and Partners... address etc"
Not the real names obviously.
Which would make Mr Holding only able to execute if Holding and Partners still existed. The actual wording on the SRA site is that the firm is "Closed Down".
Again, the wording is crucial, so getting hold of an authorised/sworn/legitimate copy of the 'original' will is a must before any further proceedings can be entertained.
Further enquiries have revealed (on the SRA site) that Mr Holding still retains the solicitors license, but with restrictions, the restrictions being so encompassing that basically form filling is all he is able to do. Can't handle any clients money or run a firm etc
We're not even sure that Mr Holding is the named executor, - it might be a senior partner.
The Intervening Agent hasn't replied yet. It's crossed our minds that an application to a Court might need to be made, just to get the Intervening Agent to disclose the Will, seeing as the deceased is effectively the client.
We think this might be an application (to the court) for a 'Specific Issue Order'. Anyone heard of that?
Thanks :-) 

No, if it says 'Mr Holding of holding and partners' then he can still be the executor, as he is appointed by name. If it says 'the senior partner of holding and holding'  then he can't , as no such person exists.

However, if he is now working elsewhere as an employed solicitor then his current employers maybe willing to encourage him to renounce, if you request him to do so. If he isn't working then he would no longer be acting in his professional capacity and so would not be entitled be paid, in which case he is likely to be much more willing to renounce as there is no reason not to.