Can I sack the solicitor?

Jovialist

Hello,

So me and my brother are co-executors, co-inheritors of my deceased parent's (singular) will. And it's probably an understatement to say that we don't get on. Anyway, we've a big bust-up, and aren't talking.

So I phoned one of the banks to try and wind up one of the accounts, and discovered from them that he'd "assigned a solicitor", "you don't need to do anything, a solicitor has been assigned" was the message from them, which was news to me, but the bank say they can't tell me who. Rules, I assume.

I've tried to ask him, but he won't tell me, either.

I suspect I know who the solicitor is, but they've ignored my emails. I'm of the opinion that they're on the 'colourful' side, and I won't go into details, but they appear to be already misbehaving against my interests.

So how can I find out? Can I demand to know off him? And is he allowed to assign a solicitor without my say-so as well? And as co-executor, could I have them removed from handling any part of handling my parent's estate?

Thanks for any replies.

Thrugelmir

The solicitor will be working for their client. As you are not their client they've no obligation to speak to you.

Flugelhorn

you are both going to have to apply for probate together - one can't do it without some input from the other 

doodling

Hi,

Will you need probate (is there a property to be sold for example)?

If you need probate then you will need to either (a) find a way to work together to sort out the estate or (b) be rich enough to waste money on lawyers arguing in front of a judge.

You can't sack your brother's solicitor, they work for him.

You could tell the bank that you believe that your brother may be acting improperly as executor. The bank will either ignore you (and choose to rely on the indemnity that your brother will have to sign in order to close the account) or they may decide that they will insist on probate in order to release any money.

If you are named as executor then it should not be possible for your brother to apply for probate without involving you (although fraud is possible).

SeniorSam

As jointly appointed executors, then you need to work together or one of you has to resign and you obviously have not.

Your brother has sought advice from a firm of solicitors and they will know the law and understand that you bot need to act or one step down with the appropriate form of resignation signed.

Sometimes, (not necessarily in this case) a fraudulent application is made to the Probate Court and you could ask the court if Probate has been applied for as you are an executor and have not resigned. They may help but also may not.

Once Probate has been granted then anyone can obtain a copy of the Will and Probate.

Anyone can apply to the Probate Court to stop an application if it is fraudulent.

Seek help from a solicitor, but do remember that all costs of solicitors will reduce the amount available to distribute.

Jovialist

Thanks for the replies.

Ok, so I can't "sack" his solicitor, then.

But what happens if I'm not happy with his solicitor handling the probate, is it stalemate, or we find another mutually agreeable solicitor instead, or I relent and accept his choice (I won't, if I know the choice he's made)? It's frustrating that my brother can arrange things and I can't even discover the solicitor if he refuses to tell me.

The bank's attitude frustrated me as well. Their attitude seemed to be that I was locked out because he'd got "first dibs" and assigned a solicitor with them, first. I assume this isn't the case, and if I chose to, I could also assign my own solicitor with them also?

MEM62

Jovialist said:

Ok, so I can't "sack" his solicitor, then.

You cannot sack someone that is not working for you.  He is working for your brother and you do not know in what capacity he has been engaged.   

The question is whether he has been employed to advise your brother or administer the estate.  If the latter, then you, as co-executor, do not have to accept this. Dealing with this is going to be complex and potentially expensive for the estate if you and you brother cannot communicate in good faith.  You really need your own legal advice.  

Jovialist

MEM62 said:

Jovialist said:

Ok, so I can't "sack" his solicitor, then.

You cannot sack someone that is not working for you.  He is working for your brother and you do not know in what capacity he has been engaged.   

The question is whether he has been employed to advise your brother or administer the estate.  If the latter, then you, as co-executor, do not have to accept this. Dealing with this is going to be complex and potentially expensive for the estate if you and you brother cannot communicate in good faith.  You really need your own legal advice.  

Thanks.

So how does it work with legal fees if I also hire my own solicitor. Does everything end up being billed to the estate in the end? Would my solicitor need some fees up front?

Keep_pedalling

Jovialist said:

MEM62 said:

Jovialist said:

Ok, so I can't "sack" his solicitor, then.

You cannot sack someone that is not working for you.  He is working for your brother and you do not know in what capacity he has been engaged.   

The question is whether he has been employed to advise your brother or administer the estate.  If the latter, then you, as co-executor, do not have to accept this. Dealing with this is going to be complex and potentially expensive for the estate if you and you brother cannot communicate in good faith.  You really need your own legal advice.  

Thanks.

So how does it work with legal fees if I also hire my own solicitor. Does everything end up being billed to the estate in the end? Would my solicitor need some fees up front?

It depends on what you are hiring them for. His solicitors cannot apply for probate without you either renouncing are holding your powers in reserve. You brother will be responsible for paying their fees, ind if you hire a solicitor you will be responsible for those. If this ends up in court then how the costs are allocated.

Involving another solicitor should be avoided if at all possible. Who is holding the original will? 

On the surface this should be a simple estate with a 50/50 split, so why have you ended up in dispute with your sibling?

Jovialist

Keep_pedalling said:

Jovialist said:

MEM62 said:

Jovialist said:

Ok, so I can't "sack" his solicitor, then.

You cannot sack someone that is not working for you.  He is working for your brother and you do not know in what capacity he has been engaged.   

The question is whether he has been employed to advise your brother or administer the estate.  If the latter, then you, as co-executor, do not have to accept this. Dealing with this is going to be complex and potentially expensive for the estate if you and you brother cannot communicate in good faith.  You really need your own legal advice.  

Thanks.

So how does it work with legal fees if I also hire my own solicitor. Does everything end up being billed to the estate in the end? Would my solicitor need some fees up front?

It depends on what you are hiring them for. His solicitors cannot apply for probate without you either renouncing are holding your powers in reserve. You brother will be responsible for paying their fees, ind if you hire a solicitor you will be responsible for those. If this ends up in court then how the costs are allocated.

Involving another solicitor should be avoided if at all possible. Who is holding the original will? 

On the surface this should be a simple estate with a 50/50 split, so why have you ended up in dispute with your sibling?

Keep_pedalling said:

Jovialist said:

MEM62 said:

Jovialist said:

Ok, so I can't "sack" his solicitor, then.

You cannot sack someone that is not working for you.  He is working for your brother and you do not know in what capacity he has been engaged.   

The question is whether he has been employed to advise your brother or administer the estate.  If the latter, then you, as co-executor, do not have to accept this. Dealing with this is going to be complex and potentially expensive for the estate if you and you brother cannot communicate in good faith.  You really need your own legal advice.  

Thanks.

So how does it work with legal fees if I also hire my own solicitor. Does everything end up being billed to the estate in the end? Would my solicitor need some fees up front?

It depends on what you are hiring them for. His solicitors cannot apply for probate without you either renouncing are holding your powers in reserve. You brother will be responsible for paying their fees, ind if you hire a solicitor you will be responsible for those. If this ends up in court then how the costs are allocated.

Involving another solicitor should be avoided if at all possible. Who is holding the original will? 

On the surface this should be a simple estate with a 50/50 split, so why have you ended up in dispute with your sibling?

Thanks.

Short answer would be he's a psychopath who I think fancies the lot for himself (IMO).

Jovialist

Oh, and a solicitor is holding the will. Quite possibly the same as the one he's hired, which doesn't sit well with me, as it seems to me it might be open to abuse. I do have the copy given to my parent, for what it's worth.