Can I sack the solicitor?

Jovialist

Flugelhorn said:

@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

Well, yes, we're still in a "pre-probate" situation, I guess you'd call it. I believe the solicitor on the phone called it "adversarial probate", in the context of "we don't handle adversarial probate" when I've been looking round for my own solicitor and explained the situation.

If I refuse to sign up to applying for probate with his solicitor, and he refuses also to budge on using them, then what happens? Stalemate until someone takes the other court?

Jovialist

Thrugelmir said:

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. 

Well it was our parent that made the will with them and agreed to have them hold the will. It's the original will they're holding.

Jovialist

Jovialist said:

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?

Any thoughts on this? Does this situation ever occur? Thanks.

Flugelhorn

I would just wait for a while - they need you to sign up and will have to listen to you at some point - meanwhile read up on caveat. I am relieved that in our family where there may be a similar problem between children , the people making the wills have made a nephew the executor 

Robert_McGeddon

doodling asked early in the thread if a property was involved - I don't think this has been answered. Are there other assets for which probate must be obtained? If the answer is "No" to both then the estate may not have to apply for a Grant of Probate.  It would still, in theory, need to be distributed by the executors according to the Will.

Irrespective of the answer I would write formally to the solicitor holding the Will stating you believe you are a named Executor and request they release the Will to you.  They won't do so as there is another Executor involved, but their response might be informative.

Jovialist

Flugelhorn said:

I would just wait for a while - they need you to sign up and will have to listen to you at some point - meanwhile read up on caveat. I am relieved that in our family where there may be a similar problem between children , the people making the wills have made a nephew the executor 

Thanks. I've read a little on caveat, but if I'm an executor, then they shouldn't be able to move to the point where a caveat is needed without me, should they?

Jovialist

Robert_McGeddon said:

doodling asked early in the thread if a property was involved - I don't think this has been answered. Are there other assets for which probate must be obtained? If the answer is "No" to both then the estate may not have to apply for a Grant of Probate.  It would still, in theory, need to be distributed by the executors according to the Will.

Irrespective of the answer I would write formally to the solicitor holding the Will stating you believe you are a named Executor and request they release the Will to you.  They won't do so as there is another Executor involved, but their response might be informative.

Sorry for not getting back earlier on this, but yes, there's a house involved, so I guess it will definitely need probate.

Robert_McGeddon

Jovialist said:

Sorry for not getting back earlier on this, but yes, there's a house involved, so I guess it will definitely need probate.

That's actually good news.

You hold a copy of a Will appointing you joint Executor along with your brother.  This may or may not be the final Will.  You therefore need to see the original signed version held by the solicitors. So you need to write to them, but not in a manner suggesting you are engaging them.  It is possible the final Will is different to the one you hold, with different Executor(s), different beneficiaries etc.You can't progress very far until you have certainty as to the contents of the final Will.

Assuming the Will you hold is the final one then, as others have said, you have to be involved as Executor if you want to be.

Again, as others have said, an amicable arrangement with your brother is hugely desireable for cost, speed, transparency etc. It doesn't sound like a difficult Estate to manage. You might want to write to your brother pointing this out and offering to work constructively with him - and also point out that you wouldn't want his personal solicitors to be instructed to manage the Estate on behalf of the Executors.

Separately, how good a handle do you have on all the assets involved?