Need to change solicitors

Lilio8
Lilio8 Posts: 83 Forumite
10 Posts Name Dropper Photogenic
edited 13 January at 1:09AM in Deaths, funerals & probate
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.)

Comments

  • Alderbank
    Alderbank Posts: 3,709 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    edited 13 January at 1:44AM
    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
    Emmia Posts: 5,038 Forumite
    Fifth Anniversary 1,000 Posts Photogenic Name Dropper
    edited 13 January at 7:21AM
    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
    Keep_pedalling Posts: 20,081 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    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
    Lilio8 Posts: 83 Forumite
    10 Posts Name Dropper Photogenic
    ...
    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
    Lilio8 Posts: 83 Forumite
    10 Posts Name Dropper Photogenic
    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.

Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 349.7K Banking & Borrowing
  • 252.6K Reduce Debt & Boost Income
  • 452.9K Spending & Discounts
  • 242.6K Work, Benefits & Business
  • 619.4K Mortgages, Homes & Bills
  • 176.3K Life & Family
  • 255.6K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 15.1K Coronavirus Support Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.