Can I sack the solicitor?

MEM62

Jovialist said:

Oh, and a solicitor is holding the will. 

If you know which solicitor, as executor, you could ask for a copy.    

Jovialist said:

Quite possibly the same as the one he's hired

There is a potential for a conflict of interest there, although maybe not a high risk.  If that proves to be the case you do have avenues of complaint.  You first step is to get hold of a copy of the will.       

Thrugelmir

Perhaps time to offer an olive branch. Deal with the matter in hand in a professional manner then afterwards go your separate ways. Legal costs only benefit the solicitors. To the both of you it's a complete waste of money. 

Jovialist

MEM62 said:

Jovialist said:

Oh, and a solicitor is holding the will. 

If you know which solicitor, as executor, you could ask for a copy.    

Jovialist said:

Quite possibly the same as the one he's hired

There is a potential for a conflict of interest there, although maybe not a high risk.  If that proves to be the case you do have avenues of complaint.  You first step is to get hold of a copy of the will.       

Well, I do have the original copy sent to my relative, but I did ask for a copy off said solicitor, and they managed to make a muck of it, twice. First they put my name on it, then sent it to the wrong address, then they told me they'd sent me a 2nd copy out, but nothing arrived. I then told them if they couldn't manage to send me a copy out, then I was coming down that day to collect. I ran out of time that day, so didn't, but the 2nd copy then arrived, but it the postal mark was dated the day I said I was coming to collect, with the letter dated two days before the post mark...

Then on examination of this photocopy, they've managed to muck that up, cutting off the signatures at the bottom, so I couldn't use it to send to anyone.

And when I've phoned up to tell them to look to see if they got the email I sent (still no reply), the receptionists won't give their names out "Who was I speaking to?" "...you're speaking to reception", so guaranteed if I phone back, they'll probably claim they don't know who I talked to.

Dodgy...For whatever reason they seem to have definitely taken a side in this, when they're supposed to deal with the will impartially.

Thrugelmir

Jovialist said:

MEM62 said:

Jovialist said:

Oh, and a solicitor is holding the will. 

If you know which solicitor, as executor, you could ask for a copy.    

Jovialist said:

Quite possibly the same as the one he's hired

There is a potential for a conflict of interest there, although maybe not a high risk.  If that proves to be the case you do have avenues of complaint.  You first step is to get hold of a copy of the will.       

Dodgy...For whatever reason they seem to have definitely taken a side in this, when they're supposed to deal with the will impartially.

Again to repeat. They are working for their client. Which isn't you. 

Robert_McGeddon

Your parent's estate is a separate entity from you or your brother. AIUI both you and your brother would need to jointly agree for the solicitors holding the will to act in obtaining probate and distributing the estate.  As you have not done so the presumption must be that the solicitors are acting for your brother in a personal capacity and he will be solely liable for their fees.  Does he understand that?  If not, you should perhaps tell him formally.

If it's a simple will then DIY-ing it would be much cheaper than using a solicitor.  As has previously been said, working together amicably until the estate is sorted gives you both the best financial outcome.

Jovialist

Thrugelmir said:

Jovialist said:

MEM62 said:

Jovialist said:

Oh, and a solicitor is holding the will. 

If you know which solicitor, as executor, you could ask for a copy.    

Jovialist said:

Quite possibly the same as the one he's hired

There is a potential for a conflict of interest there, although maybe not a high risk.  If that proves to be the case you do have avenues of complaint.  You first step is to get hold of a copy of the will.       

Dodgy...For whatever reason they seem to have definitely taken a side in this, when they're supposed to deal with the will impartially.

Again to repeat. They are working for their client. Which isn't you. 

Well, yes, but they're holding the will, so I'd have thought at least when it comes to their responsibilities in that capacity, they should be at least behaving themselves.

Jovialist

Robert_McGeddon said:

As you have not done so the presumption must be that the solicitors are acting for your brother in a personal capacity and he will be solely liable for their fees.  Does he understand that?  If not, you should perhaps tell him formally.

Ah, that's interesting, because I've discovered they appear to have been possibly wasting money on things that weren't necessary. I thought I was going to have to pay for half of that, but if I don't also sign up with them (obviously I'm reluctant anyway), it'll be his bill. I'm not sure he does.

Well I did offer to sort one bank account out between us, after the bank informed me we could do that, but it went ignored. He does really give off the vibe to me that he thinks it's all his!

Jovialist

I was wondering, is it possible to have some sort of half-way house. Not full blown "adversarial probate" as I think a solicitor called it to me, but because I don't trust him and his solicitor, me having my own solicitor, and the two solicitors working together, or exchanging full information and liaising, and my solicitor checking what his solicitor is up to, making sure all the money is accounted for, and making sure everything looks above board, or is there no half-way house with this?

Flugelhorn

@Jovialist it was mentioned earlier but what is the state of affairs re probate? if you are a named executor then they can't apply for probate without your involvement  ie taking part in it, reserving rights or renouncing. If you haven't done any of these they can't apply. 

so maybe you need a caveat https://www.gov.uk/stop-probate-application

Thrugelmir

Jovialist said:

Thrugelmir said:

Jovialist said:

MEM62 said:

Jovialist said:

Oh, and a solicitor is holding the will. 

If you know which solicitor, as executor, you could ask for a copy.    

Jovialist said:

Quite possibly the same as the one he's hired

There is a potential for a conflict of interest there, although maybe not a high risk.  If that proves to be the case you do have avenues of complaint.  You first step is to get hold of a copy of the will.       

Dodgy...For whatever reason they seem to have definitely taken a side in this, when they're supposed to deal with the will impartially.

Again to repeat. They are working for their client. Which isn't you. 

Well, yes, but they're holding the will, so I'd have thought at least when it comes to their responsibilities in that capacity, they should be at least behaving themselves.

When you say holding the will. Presumably on behalf of your brother. They themselves aren't named executors. Perhaps they've only a copy themselves. It's your brother you need to talking to, not a third party.