Choice of solicitors

Starblush

Hello,

I'm currently a co-executor of a will/estate with a relation, where we both also inherit, and our relationship isn't that good.

Things have been dragging on for a few months, and so I suggested to the other executor that I'd try and sort out a joint solicitor that I'd be happy with, and hopefully they would be too, so we could then apply for probate. I suggested to them it might be a good idea if said solicitor was a smaller one that didn't have a contentious probate arm, then it wouldn't confuse things, just in case our relations broke down further, and we ended up where both of us would end up wanting to use our joint solicitor as their contentious probate solicitor.

For whatever reason, the other executor didn't react well to this, and decided to employ their own contentious probate solicitor, and tried to demand I also sign up with them as joint solicitor to apply for probate.

As I didn't like the sound of this, or being pushed around, and also found their solicitor a little bit shady, I decided to seek some advice from my own contentious probate solicitor.

I informed the other executor that I'd sought advice from my own CPS, and was about to employ them.

After this, then In another surprise turn, the other executor, has suggested via their CPS, that they now want to join me with my CPS , and make my CPS's firm the joint solicitor for the probate (I assume ending their relationship with their current CPS? - Although that isn't obvious).

Again, I feel if things break down between us, I feel again we might end up fighting over the same solicitor to be our CPS, and don't like the sound of that.

So, can I ask, does what the other executor suggests sound like a bad idea? And does the suggestion sound like an innocent idea to help the situation, or could it put me at some sort of disadvantage if things again got more difficult and confrontational between us?

Like I say, I don’t have much trust in the other executor or their current solicitor, so worry if there’s something dubious going on, here.

Thanks.

Marcon

Starblush said:

Hello,

I'm currently a co-executor of a will/estate with a relation, where we both also inherit, and our relationship isn't that good.

Things have been dragging on for a few months, and so I suggested to the other executor that I'd try and sort out a joint solicitor that I'd be happy with, and hopefully they would be too, so we could then apply for probate. I suggested to them it might be a good idea if said solicitor was a smaller one that didn't have a contentious probate arm, then it wouldn't confuse things, just in case our relations broke down further, and we ended up where both of us would end up wanting to use our joint solicitor as their contentious probate solicitor.

For whatever reason, the other executor didn't react well to this, and decided to employ their own contentious probate solicitor, and tried to demand I also sign up with them as joint solicitor to apply for probate.

As I didn't like the sound of this, or being pushed around, and also found their solicitor a little bit shady, I decided to seek some advice from my own contentious probate solicitor.

I informed the other executor that I'd sought advice from my own CPS, and was about to employ them.

After this, then In another surprise turn, the other executor, has suggested via their CPS, that they now want to join me with my CPS , and make my CPS's firm the joint solicitor for the probate (I assume ending their relationship with their current CPS? - Although that isn't obvious).

Again, I feel if things break down between us, I feel again we might end up fighting over the same solicitor to be our CPS, and don't like the sound of that.

So, can I ask, does what the other executor suggests sound like a bad idea? And does the suggestion sound like an innocent idea to help the situation, or could it put me at some sort of disadvantage if things again got more difficult and confrontational between us?

Like I say, I don’t have much trust in the other executor or their current solicitor, so worry if there’s something dubious going on, here.

Thanks.

Talk about getting off on the wrong foot...! Not surprised the other executor didn't react well to this pronouncement.

It's a huge leap from not getting on with your fellow executor to reaching a position of contentious probate. Why on earth did you think you'd get to that point, let alone plan for it?

Get a new solicitor you both agree on - most high street solicitors are competent to deal with straightforward wills - and then put your bickering aside and get the job done, not least to keep your costs down and your contact with each other limited.

Keep_pedalling

If you both agree to use a solicitor to apply for probate that solicitor can’t act for either of you in the case of contentious probate so I don’t see why you should think it would complicate things by using a firm that deals in such cases.  You obviously got you co executor’s back up with your suggestion that what sound a very simple estate could turn into a contentious bun fight.

Starblush

Keep_pedalling said:

If you both agree to use a solicitor to apply for probate that solicitor can’t act for either of you in the case of contentious probate so I don’t see why you should think it would complicate things by using a firm that deals in such cases.  You obviously got you co executor’s back up with your suggestion that what sound a very simple estate could turn into a contentious bun fight.

Hello. Thanks for the replies. Sorry for not getting back earlier, bout of ill health.

’If you both agree to use a solicitor to apply for probate that solicitor can’t act for either of you in the case of contentious probate so I don’t see why you should think it would complicate things by using a firm that deals in such cases.’

Well, this fact I didn’t know until after seeing your post.

I might well have got their back up, but there’s been plenty annoying me about how things have been handled on their side, also, before that. So…But ok, two wrongs don’t make a right.

But what you’ve pointed out makes everything all the more curious, unless there’s been a misunderstanding, because I’m sure the other exec’s solicitor knows that my solicitor is also a CPS, so the offer to come in with my solicitor would then void my solicitor’s chance of being my CPS, and I’d have to hunt around for another if it was needed. It also seems to be the case that they also want to maintain their CPS, because in the latest communication, the solicitor wants to liaise with my solicitor. So the proposed setup seems to be, they’re keeping their solicitor, while coming in with mine, and I lose my potential CPS. It seems to put me potentially at a fairly big disadvantage.

Well, I haven’t put this to the other side, yet, but one of the reasons I think I still might need a CPS, in spite of the other side’s offer of a joint solicitor, is, is I’m wanting to put a Deed of Variation offer on the table to the other side, and initially, at least, I suspect this offer is not going to go down well. It’s hard to explain, but I feel I not only want this Deed of Variation, but on a practical level, need it, so if it’s not agreeable to the other side, I think I’m likely to go to court to defend my need for it, it if it’s treated with a hostile legal action. I think I need further advice from my solicitor to see how good my case might be, though.

But in the interim, it seems I now need to look for ANOTHER solicitor as a joint solicitor to sort out the probate split, and through them, propose the DoV, and see how it goes down with the other side. Which is basically back to what I started to propose weeks and weeks ago to the other executor. So their action to get in touch with a CPS has only succeeded in delaying things significantly.

Thanks. 

Keep_pedalling

Assuming this DoV would mean the other executor would loose some of their inheritance (they would not need to agree if did not reduce it) then you are going to have to get separate legal representation if you are going to make a challenge. Executors cannot challenge the terms of a will therefore you will also need to renounce your powers.

This is likely to be very costly and unless you can prove fraud or undue influence the chances of winning are slim, and will be almost non existent if the testator was not one of your parents.

Starblush

Keep_pedalling said:

Assuming this DoV would mean the other executor would loose some of their inheritance (they would not need to agree if did not reduce it) then you are going to have to get separate legal representation if you are going to make a challenge. Executors cannot challenge the terms of a will therefore you will also need to renounce your powers.

This is likely to be very costly and unless you can prove fraud or undue influence the chances of winning are slim, and will be almost non existent if the testator was not one of your parents.

Thanks for the reply, Keep_pedalling.

Yes, I assumed it would be very costly, but it still might be the most desirable option for me.

So I think my best path for now, is yes, to approach a 3rd solicitor who deals with only with straight forward estates, with an eye to being our joint solicitor with the other executor, and keep my CPS in an advisory role, like the other executor appears to be doing with their CPS. And I’ll propose the DoV through this 3rd solicitor and see how the other executor treats it.

In your opinion, do you think that would be a fair course of action?

Thanks.

Keep_pedalling

Starblush said:

Keep_pedalling said:

Assuming this DoV would mean the other executor would loose some of their inheritance (they would not need to agree if did not reduce it) then you are going to have to get separate legal representation if you are going to make a challenge. Executors cannot challenge the terms of a will therefore you will also need to renounce your powers.

This is likely to be very costly and unless you can prove fraud or undue influence the chances of winning are slim, and will be almost non existent if the testator was not one of your parents.

Thanks for the reply, Keep_pedalling.

Yes, I assumed it would be very costly, but it still might be the most desirable option for me.

So I think my best path for now, is yes, to approach a 3rd solicitor who deals with only with straight forward estates, with an eye to being our joint solicitor with the other executor, and keep my CPS in an advisory role, like the other executor appears to be doing with their CPS. And I’ll propose the DoV through this 3rd solicitor and see how the other executor treats it.

In your opinion, do you think that would be a fair course of action?

Thanks.

Without knowing more details, such as the executors relationship with the testator and why you want a DoV put in place, it is hard to say if this is the right course of action, but personally I would not be spending my money on a yet another solicitor without knowing what the reaction was to the proposed DoV. 

Why not write to them asking to consider the DoV? While you are waiting for a response have a read of Bleak House. 

Starblush

Keep_pedalling said:

Starblush said:

Keep_pedalling said:

Assuming this DoV would mean the other executor would loose some of their inheritance (they would not need to agree if did not reduce it) then you are going to have to get separate legal representation if you are going to make a challenge. Executors cannot challenge the terms of a will therefore you will also need to renounce your powers.

This is likely to be very costly and unless you can prove fraud or undue influence the chances of winning are slim, and will be almost non existent if the testator was not one of your parents.

Thanks for the reply, Keep_pedalling.

Yes, I assumed it would be very costly, but it still might be the most desirable option for me.

So I think my best path for now, is yes, to approach a 3rd solicitor who deals with only with straight forward estates, with an eye to being our joint solicitor with the other executor, and keep my CPS in an advisory role, like the other executor appears to be doing with their CPS. And I’ll propose the DoV through this 3rd solicitor and see how the other executor treats it.

In your opinion, do you think that would be a fair course of action?

Thanks.

Without knowing more details, such as the executors relationship with the testator and why you want a DoV put in place, it is hard to say if this is the right course of action, but personally I would not be spending my money on a yet another solicitor without knowing what the reaction was to the proposed DoV. 

Why not write to them asking to consider the DoV? While you are waiting for a response have a read of Bleak House. 

Ok, will do. 

Incidentally, do you think of solicitors that aren’t Lexcel accredited? One of the things that makes me a bit distrusting of the other executor’s solicitors, is that they aren’t Lexcel accredited. In fact, just about the only solicitor in the county I could find that weren’t, and when I asked why they weren’t, the question was dodged.

Thanks 

Marcon

Starblush said:

Keep_pedalling said:

Starblush said:

Keep_pedalling said:

Assuming this DoV would mean the other executor would loose some of their inheritance (they would not need to agree if did not reduce it) then you are going to have to get separate legal representation if you are going to make a challenge. Executors cannot challenge the terms of a will therefore you will also need to renounce your powers.

This is likely to be very costly and unless you can prove fraud or undue influence the chances of winning are slim, and will be almost non existent if the testator was not one of your parents.

Thanks for the reply, Keep_pedalling.

Yes, I assumed it would be very costly, but it still might be the most desirable option for me.

So I think my best path for now, is yes, to approach a 3rd solicitor who deals with only with straight forward estates, with an eye to being our joint solicitor with the other executor, and keep my CPS in an advisory role, like the other executor appears to be doing with their CPS. And I’ll propose the DoV through this 3rd solicitor and see how the other executor treats it.

In your opinion, do you think that would be a fair course of action?

Thanks.

Without knowing more details, such as the executors relationship with the testator and why you want a DoV put in place, it is hard to say if this is the right course of action, but personally I would not be spending my money on a yet another solicitor without knowing what the reaction was to the proposed DoV. 

Why not write to them asking to consider the DoV? While you are waiting for a response have a read of Bleak House. 

Ok, will do. 

Incidentally, do you think of solicitors that aren’t Lexcel accredited? One of the things that makes me a bit distrusting of the other executor’s solicitors, is that they aren’t Lexcel accredited. In fact, just about the only solicitor in the county I could find that weren’t, and when I asked why they weren’t, the question was dodged.

Thanks 

I think you need to get this in perspective. As of February 2022, just 1600 of the UK's 10,000 law firms were Lexcel accredited. 

Daniel54

As per my recent posts I am involved in probate with an awkward co - executor and have received excellent feedback from this forum ,with thanks.At present we are now thankfully back on track

We agreed to use a solicitor to help with probate but if I had received a suggestion from the awkward one that he had any thought  to reserve his right to legally question the probate application then matters would become awkward and   I would have had to tell him to get back in his box

but I am struggling to understand where  you are coming from.q

Probate has not yet been granted and there are difficulties in getting there ? In that case the assistance of a mutually agreed solicitor is a sensible course to follow.You would both have the opportunity to visit/talk with them before appointment and they would represent both executors on behalf of the estate and obtain grant of probate

Are you in some way challenging the will ? That is a completely different issue to a DOV

If you are not challenging the will  then you can only apply a DOV to the amounts due  to you when the proceeds of the estate are distributed  in accordance with the will post probate.You then have 2 years from probate  for a DOV.

JGB1955

If you are not challenging the will  then you can only apply a DOV to the amounts due  to you when the proceeds of the estate are distributed  in accordance with the will post probate.You then have 2 years from probate  for a DOV.

AIUI..2 years from date of death....not date of probate  ..