Solicitor refusing to respond to my letters

Flodden

My mum dies in February last year and my dad in August. I am one of 4 children. And my brother and another sister are executors for both parents. 

My siblings have deliberately cut me out of any contact refusing to let me give dads eulogy or get involved with any decisions. And have not spoken to me at all since Dads death in August. 

In march I got a letter from mum and dad’s solicitor stating she had been asked  by my siblings to be the executor and asked me a couple of questions regarding gifts. I responded. She then wrote back and asked how I intended to repay the estate for a gift… and stated she had enclosed a letter from my mum. She hadn’t. I asked my solicitor to write to her and request further information and a copy of my mums alleged letter, there was no response. In May my solicitor once again chased and no response. 

I have had no further contact from mum and dad’s solicitor, and have still it received anything saying whether she has been asked to be dad’s executor, which would make sense. I know everything from mum would go to dad, and that all 4 siblings are beneficiaries of dad. 

So in January I wrote to mum and dads solicitor to ask what was happening, to ask if I could have a copy of the wills and to ask for a few personal / sentimental items to be returned as my siblings have cleared my parents house without my agreement.  And yet again no response from the solicitor. 

What are my rights as a beneficiary, should I be updated, should the solicitor advise me as to what is happening? I won’t chase my siblings as I simply cannot forgive their bullying behaviour to my parents. But surely the solicitor should respond to my request for an update in progress. 

Flugelhorn

I am sorry to hear that you are having these problems. Despite being a beneficiary you not entitled to any update on what is happening, or in fact what is in the will. The only people who can see this are the execs - the solicitor is ot answerable to you.
 When the will is probated then you can apply for a copy of the will. 

elsien

As above, you don’t have any rights to see the will at this point. You have not instructed them, and they are not obligated to share any information with you.
Your siblings did not need your agreement to clear the family home because they are the executors and you are not, although common decency would indicate that they could have asked you if there was anything that you wanted from there. 

However on your other point the whole point of a gift is that it is a gift not a loan, so the words gift and repayment tend not to go together in the same sentence unless it was clearly a conditional gift in the first place. 

Marcon

Flodden said:

In march I got a letter from mum and dad’s solicitor stating she had been asked  by my siblings to be the executor and asked me a couple of questions regarding gifts. I responded. She then wrote back and asked how I intended to repay the estate for a gift… and stated she had enclosed a letter from my mum. She hadn’t. I asked my solicitor to write to her and request further information and a copy of my mums alleged letter, there was no response. In May my solicitor once again chased and no response. 

Why are you running up your own legal fees needlessly? What are you hoping to achieve? Your own solicitor should have pointed out to you that as a beneficiary you have no rights to see the will(s) and no right to 'updates'. If the solicitor acting for your parents hasn't provided the requested further information/copy of the letter from your mum, there's nothing you can or should do until they do provide this.

sheramber

Your father could have written a new will after your mother died.

You may or may not be a beneficiary. 

Flodden

My father could not have written a new will as my sister activated her power of attorney by claiming my father had early stage dementia, before mums death. So any alterations to my dad’s will would not be legal as he would not have allegedly been of sound mind. 

I’m not running up any legal bills as my solicitor is a friend. 

Executors have a duty to inform the beneficiaries as to progress is what I was advised by a solicitor. 

So despite the solicitor (executor) failing to provide the letter from mum she claims she included in a letter to me, and not responding to any communication from me, I can do nothing? 

poseidon1

Flodden said:

My father could not have written a new will as my sister activated her power of attorney by claiming my father had early stage dementia, before mums death. So any alterations to my dad’s will would not be legal as he would not have allegedly been of sound mind. 

I’m not running up any legal bills as my solicitor is a friend. 

Executors have a duty to inform the beneficiaries as to progress is what I was advised by a solicitor. 

So despite the solicitor (executor) failing to provide the letter from mum she claims she included in a letter to me, and not responding to any communication from me, I can do nothing? 

Significantly you say the solicitor asked you how you were going to repay a gift  back to the estate (presumably a gift from your mother pre death). In the circumstances one assumes the letter from your mother which was omitted from the solicitor's last correspondence was supposed to explain why you now need to repay a gift? Of course you will do nothing of the sort at this point.

Since all communication has now ceased from the solicitor suggest you hold fire until the  respective wills are probated and at that stage  becomes public knowledge, that will give you access to the terms of both your mother and father's  Wills and whether you were a beneficiary of either.

 Until then, and as mentioned by the other posters you have no legal leverage to compel disclosure of the will contents if neither your siblings or solicitor ( on their behalf  ) are so inclined.

Savvy_Sue

Flodden said:

My father could not have written a new will as my sister activated her power of attorney by claiming my father had early stage dementia, before mums death. So any alterations to my dad’s will would not be legal as he would not have allegedly been of sound mind. 

Well, that's not 100% true. People with dementia may have capacity at certain times. It might have been a struggle if sister insisted he lacked capacity, but if there was doubt, a solicitor would take steps and make careful notes to establish there was capacity when the will was signed, and understanding of its content on signing.

Flodden

Thanks everyone. I’ll hold fire.. I’ve no intention of challenging a will. I just want everything over and done with so I can erase my bullying siblings from my future.  So thank you for your comments. I’ve taken them all
on board. 

waveneygnome

Flodden.  Sorry you are going through this.

Personally, I would see this as 2 issues:

Administration of the Estate:  as others have said, you are not the Probate Solicitors client/nor Executor = are not entitled to updates.

 

Beneficary:  the Probate Solicitors DID wrtie to you/have engaged on certain issues.  They DID state that they enclosed a letter from you Mum, which was missing.  They have failed to respond to your request for a copy of Mums letter.  I would raise a formal complaint to the Probate Solicitor about the missing letter.

butterflymum

If raising the complaint, set a reasonable deadline for reply (eg 6 weeks), and if nothing heard from them, then consider:

https://www.lawsociety.org.uk/public/for-public-visitors/using-a-solicitor/complain-about-a-solicitor