Need to change solicitors

Lilio8

Good evening everyone.

It is now clear that I must change solicitors. Something isn't quite right with the current ones (they haven't yet worked out the bill for HMRC and 4 months have already passed since the death of my dear latest friend.) I'm getting really worried! No time for grieving

Has anyone had to change probate solicitors? How did you go about ending the contract? Did you have to settle the fee before being able to move to another legal firm? Did you take out a loan? (Probate has not been applied for and I won't have access to funds for sometime.)

Alderbank

What sort of contract?

Are you and the solicitor named joint executors, or are you sole executor and have engaged this firm to help you?

There is a vast difference between the two.

4 months would be extremely fast to expect solicitors to sort a complex will, and for a simple will we usually advise that it is quicker and cheaper to do it yourself.

Emmia

I would expect you'll need to pay them for any time spent working on this file. But the key, as Alderbank says is their relationship with you/the deceased  - have you appointed them or are they named as co-executors. 

I know it seems like ages, but 4 months isn't necessarily that long for this process to take place especially if there are complexities to the will.

Also, switching won't necessarily speed this up, a new firm will need to be engaged, get up to speed on the file etc.

Keep_pedalling

I really don’t think this is a good idea. If IHT is due it needs to be paid within 6 months of a death (or the first instalment does if paying by instalments) and all solicitors move slowly as far as applying for probate is concerned, so giving a new firm 2 months to do so is asking for trouble. 

Co-op legal services still have 2 months to get IHT sorted it it is not unusual for that to go down to the wire. If they fowl up and fail to pay on time resulting in penalties then you have cause for complaint and compensation to cover looses to the estate. 

Lilio8

Keep_pedalling said:

...

Co-op legal services still have 2 months to get IHT sorted it it is not unusual for that to go down to the wire. If they fowl up and fail to pay on time resulting in penalties then you have cause for complaint and compensation to cover looses to the estate. 

Thank you for your reply.

Oh boy! I'll write to the Ombudsman if they'll delay IHT.

Lilio8

Emmia said:

I would expect you'll need to pay them for any time spent working on this file. But the key, as Alderbank says is their relationship with you/the deceased  - have you appointed them or are they named as co-executors. 

I know it seems like ages, but 4 months isn't necessarily that long for this process to take place especially if there are complexities to the will.

Also, switching won't necessarily speed this up, a new firm will need to be engaged, get up to speed on the file etc.

Thank you for your reply.

We are not co-executors, the Co-Op L.S. and I, as far as I'm aware. I used the word contract thinking about the papers that I had signed. Sorry, for causing confusion.