Help with fathers will please

jonesy8410

So my (estranged) dad passed away in march and my sister and i were contacted as next of kins by his solictor. 

The solicitor was named as executor of his will and all contact was prompt and informative etc to begin with. 

After about 5months with no update or contact, my sister emailed her and got a very curt reply that nothing to report in regards to distribution of his estate, no mention of what was included in the estate and a face to face meeting with us was not needed.   Two days later the solicitor/executor sent us an email to say she was leaving the firm and was passing everything over to a colleague who would be in touch. Three emails later to this colleague and nothing.

Any advice on where we stand if the executor of his will has left the firm with no forwarding info to contact … should we be asking for a breakdown of what this person undertook whilst their… and whats to say whoever now has her caseload doesnt start from the beginning (so to speak) and the solicitor fees rack up?

Sorry so long winded

Robin9

The solicitor's firm will have a formal complaints procedure  -  have a look on their website - do everything in writing (snail mail)

SeniorSam

A formal complaint is something that all solicitors do not like to get as it puts THEM into being investigated, but that again takes time.  . Therefore, An e-mail to say that ...............

 "In view of the lack of response, I hope that it will not be necessary to issue a formal letter of complaint to your firm' .   I look forward to hearing from you within the next 7 days."

If you do not get a reply in 7 days, then send a recorded letter, headed FORMAL COMPLAINT, which puts them in a position that they have to respond within a specified time and may have to go through an investigation.

Hope it works out for you

thegreenone

If the solicitor/executor has left the firm, you need to find out whether she has renounced.   I don't think she can just 'pass everything over to a colleague' without legal documentation of change of executor. 

Perhaps go in with a letter to the senior partner/s to find this out and you and your sibling want to take over.  Have you checked with gov.uk for Will and Probate?

SevenOfNine

Do you have a copy of the will so you can see what it says in relation to the appointment of the solicitor, &/or/of the firm?

Marcon

Not on; time to complain. https://www.lawsociety.org.uk/en/public/for-public-visitors/using-a-solicitor/complain-about-a-solicitor will take you to a template letter you can use. I would send an email to the firm attaching your letter, and also send it by signed for delivery.

Robin9

Can someone clarify please.

When you appoint John Smith of Smith, Jones and Brown  is your agreement actually with the firm rather than the individual ?   So when John Smith retires no renunciation is required.

Thrugelmir

Has probate been granted yet? 

https://www.gov.uk/search-will-probate

Winding up an estate can take time (i.e. months).  As executors carry personal liability. Solicitors will tread carefully. 

TBagpuss

Do you know whether the solicitor was appointed personally or was just doing the work? It's more common, when solicitors act as executors, for the appointment to be of  (say) "two of the partners in the firm Smith & Smith" - than "Jane Brown of Smith and Smith" It may well be that the executor(s) are partners in the firm and that the person who has left is simply the fee-earner who was dealing with the day to day work (which is consistent with her having given you the name of a replacement) 

If she was personally appointed then she is still the executor regardless of where she is working, and if she has already started work she is no longer able to renounce.

I'd recommend that you look at the firm's website (if they have one) and see who appears to be the head of the private client department, and contact them. Explain you have had no updates for some time, have been told that [name] is now dealing but have had nothing from them and they have not responded to your e-mails, and that you are asking for an update as to the current position with regard to the estate, in particularly, clarification of whether probate has been applied for / granted, and if so, when, and what the timescales are or things to be resolved, and whether they can provide some interim information about the main assets and liabilities of the estate. Ask for a substantive response within 10 days and if you don't get one, follow up with a formal complaint. 

How recent was the notification that the original solicitor was leaving? it is normal for it to take a little while for a new person to get up to speed, and that is particularly true of the previous one left unexpectedly or  if the firm has not been able to recruit to replace them, so existing staff are taking on extra work, but you should have had at least an acknowledgment. 

You can check here https://probatesearch.service.gov.uk/#wills to see if probate has been granted  and, if it has, to order a copy of the will if you don't already have one, to see exactly what it says about the executors.