Solicitor executor with house sale issues

bmwmsport

I regret any inconvenience, and I seek your guidance in locating relevant prior inquiries, if any.
A legal representative (solicitor) has been designated as the executor for the testamentary matters of my deceased mother. .

The appointed solicitor has communicated that the probate proceedings are straightforward, given the intended sale of a property, of which my sister and I are the designated beneficiaries. Subsequently, the solicitor initiated the property sale process, leading to the acceptance of an offer in June 2023. The conveyancing process, managed by a professional within the same legal firm, has been overseeing the transaction.

Regrettably, we have recently been informed that the property sale is experiencing delays due to challenges in securing a mortgage, attributed to the property having a head lease owner. Consequently, the house has been relisted on the market. The estate agent has informed us that the solicitor has issued a two-week ultimatum for the property to be sold; otherwise, it will be subject to auction.

In light of the aforementioned developments, I am seeking clarification on the following matters:

1. Is it within the solicitor's prerogative to impose a timeframe for the sale or resort to auction without our explicit consent?
2. Shouldn't the solicitor disclose the specific reasons for the initial delay in the property sale, especially if it pertains to issues surrounding the leasehold?
3. Is it not customary for the solicitor to provide regular updates on the progress of the proceedings and a transparent breakdown of associated costs throughout this probate process?

Your assistance in addressing these concerns and providing guidance on the appropriate course of action would be greatly appreciated and any advice on our next move. We rarely have contact or emails from this solicitor.

poppystar

As the solicitor was appointed executor all control is in his hands and he also does not have to keep you informed. You will be entitled to a copy of the final accounts for the estate but unless you have been seriously shortchanged by anything the executor has done and can prove that you really will have no comeback. It is the downside of appointing a solicitor executor rather than appointing a beneficiary or someone else as executor and them then employing a solicitor to act on their behalf if needed. 

Linton

I assume the solicitor is the appointed executor rather than merely having been asked by the actual executors to carry out the work......

An executor has pretty much complete freedom to manage the estate as they see fit provided it is distributed according to the will and the work is undertaken honestly and in the interests of the beneficiaries.  The executor must provide a statement of account to the residual beneficiaries when the work is complete but there is no legal requirement that they approve it.  

Ultimately if there is no other resolution of any issues the only action the beneficiaries can take is to have the executor removed by the courts.   This could be a lengthy and expensive process for the beneficiaries so is a step to be avoided except in the direst and most flagrant circumstances where an executor is clearly acting improperly.

A better approach could be to politely raise your concerns directly with the solicitor who may be willing to explain the reasons for their decisions.  Of course the extra cost of the solicitors time is likely to be added to the final bill.

Hoenir

bmwmsport said:

1. Is it within the solicitor's prerogative to impose a timeframe for the sale or resort to auction without our explicit consent?
2. Shouldn't the solicitor disclose the specific reasons for the initial delay in the property sale, especially if it pertains to issues surrounding the leasehold?
3. Is it not customary for the solicitor to provide regular updates on the progress of the proceedings and a transparent breakdown of associated costs throughout this probate process?

1. Yes. They are the appointed executors of the Estate. If the property is deemed to be unmortgageable. Auction may be regarded as the best means of achieving a cash sale. 
2. For what purpose and to whom. As above the property appears to be unmortgageable with the existence of a head lease. 
3. Time costs money. The issue appears to be at the buyers end. Something the executors have no control over. Therefore they'll be spending as little time as possible. I'm sure that you have no wish to pay fees to hear that's nothing to report as nothing has changed since the last update you received.  . 

Marcon

bmwmsport said:

I regret any inconvenience, and I seek your guidance in locating relevant prior inquiries, if any.
A legal representative (solicitor) has been designated as the executor for the testamentary matters of my deceased mother. .

The appointed solicitor has communicated that the probate proceedings are straightforward, given the intended sale of a property, of which my sister and I are the designated beneficiaries. Subsequently, the solicitor initiated the property sale process, leading to the acceptance of an offer in June 2023. The conveyancing process, managed by a professional within the same legal firm, has been overseeing the transaction.

Regrettably, we have recently been informed that the property sale is experiencing delays due to challenges in securing a mortgage, attributed to the property having a head lease owner. Consequently, the house has been relisted on the market. The estate agent has informed us that the solicitor has issued a two-week ultimatum for the property to be sold; otherwise, it will be subject to auction.

In light of the aforementioned developments, I am seeking clarification on the following matters:

1. Is it within the solicitor's prerogative to impose a timeframe for the sale or resort to auction without our explicit consent?
2. Shouldn't the solicitor disclose the specific reasons for the initial delay in the property sale, especially if it pertains to issues surrounding the leasehold?
3. Is it not customary for the solicitor to provide regular updates on the progress of the proceedings and a transparent breakdown of associated costs throughout this probate process?

Your assistance in addressing these concerns and providing guidance on the appropriate course of action would be greatly appreciated and any advice on our next move. We rarely have contact or emails from this solicitor.

1. Yes
2. No
3. No

bmwmsport

poppystar said:

As the solicitor was appointed executor all control is in his hands and he also does not have to keep you informed. You will be entitled to a copy of the final accounts for the estate but unless you have been seriously shortchanged by anything the executor has done and can prove that you really will have no comeback. It is the downside of appointing a solicitor executor rather than appointing a beneficiary or someone else as executor and them then employing a solicitor to act on their behalf if needed. 

Poppystar,
Do you have a legal background to know this? The thing is it doesnt state this in the code of conducy for solicitors? 
TIA

bmwmsport

Hoenir said:

bmwmsport said:

1. Is it within the solicitor's prerogative to impose a timeframe for the sale or resort to auction without our explicit consent?
2. Shouldn't the solicitor disclose the specific reasons for the initial delay in the property sale, especially if it pertains to issues surrounding the leasehold?
3. Is it not customary for the solicitor to provide regular updates on the progress of the proceedings and a transparent breakdown of associated costs throughout this probate process?

1. Yes. They are the appointed executors of the Estate. If the property is deemed to be unmortgageable. Auction may be regarded as the best means of achieving a cash sale. 
2. For what purpose and to whom. As above the property appears to be unmortgageable with the existence of a head lease. 
3. Time costs money. The issue appears to be at the buyers end. Something the executors have no control over. Therefore they'll be spending as little time as possible. I'm sure that you have no wish to pay fees to hear that's nothing to report as nothing has changed since the last update you received.  . 

Thanks. Im surprised to hear this. I dont think the property is unmortgagable? Would it be with a head lease? It seems from all the answers here that once it is in the solicitors hands then no one is kept informed until the end. Not the outcome my friend expected.

bmwmsport

Thanks all.
It seems that it was a mistake to produce a will that made the solicitor an executor. Nightmare. Its my friends issue and the sol. was appointed due to both daughters living away from the UK. 

user1977

bmwmsport said:

poppystar said:

As the solicitor was appointed executor all control is in his hands and he also does not have to keep you informed. You will be entitled to a copy of the final accounts for the estate but unless you have been seriously shortchanged by anything the executor has done and can prove that you really will have no comeback. It is the downside of appointing a solicitor executor rather than appointing a beneficiary or someone else as executor and them then employing a solicitor to act on their behalf if needed. 

Poppystar,
Do you have a legal background to know this? The thing is it doesnt state this in the code of conducy for solicitors? 
TIA

What part of the code of conduct says any different? This is about the duties of executors generally, not only where they happen to be a solicitor.

Hoenir

bmwmsport said:

Thanks all.
It seems that it was a mistake to produce a will that made the solicitor an executor. Nightmare. Its my friends issue and the sol. was appointed due to both daughters living away from the UK. 

Why your personal angst towards the solicitor? When the issue relates to the property. The daughters wouldn't be any better placed to deal with this matter. The sale transaction would be no further forward. The Estate Agent is the one who will have the insight into the issues the buyer is having.