solicitor refusing to transfer my part of house sale to sibling

schoey61

user1977 said:

schoey61 said:

thanks for your reply, was wondering if anyone knows the actual "legality" of this situation, ie. are the solicitors legally bound to transfer my proceeds into my account or, as I wish into a "third party " account, 

No, they're not legally bound to do anything in particular. It's legal for them to have the policy which they have, it would be legal for them to have a different policy.

thanks,, to be clear, you're saying that any internal policies they decide on are legal? how can this be? surely they are regulated ? they can,t just make up their own policies and call them law ?

user1977

schoey61 said:

user1977 said:

schoey61 said:

thanks for your reply, was wondering if anyone knows the actual "legality" of this situation, ie. are the solicitors legally bound to transfer my proceeds into my account or, as I wish into a "third party " account, 

No, they're not legally bound to do anything in particular. It's legal for them to have the policy which they have, it would be legal for them to have a different policy.

thanks,, to be clear, you're saying that any internal policies they decide on are legal?

No, I'm saying this particular policy is legal.

Emmia

So the intention is that you still get 1/3 of the proceeds, but don't want to pay the exchange fee? If you transfer to your sibling, the money surely becomes theirs?

schoey61

user1977 said:

schoey61 said:

user1977 said:

schoey61 said:

thanks for your reply, was wondering if anyone knows the actual "legality" of this situation, ie. are the solicitors legally bound to transfer my proceeds into my account or, as I wish into a "third party " account, 

No, they're not legally bound to do anything in particular. It's legal for them to have the policy which they have, it would be legal for them to have a different policy.

thanks,, to be clear, you're saying that any internal policies they decide on are legal?

No, I'm saying this particular policy is legal.

do you know where I can find this? somewhere in the solicitors act ? I just want written legal proof that solicitors are bound by law to transfer all parts of funds , as in our case , three separate amounts into each corresponding beneficiaries account., . I CAN,T FIND THIS, AND I HAVE LOOKED, ALOT.. so if you know where I can find this, I,d be very grateful

schoey61

Emmia said:

So the intention is that you still get 1/3 of the proceeds, but don't want to pay the exchange fee? If you transfer to your sibling, the money surely becomes theirs?

it,s my brother... and yes I do trust him:-)

user1977

schoey61 said:

user1977 said:

schoey61 said:

user1977 said:

schoey61 said:

thanks for your reply, was wondering if anyone knows the actual "legality" of this situation, ie. are the solicitors legally bound to transfer my proceeds into my account or, as I wish into a "third party " account, 

No, they're not legally bound to do anything in particular. It's legal for them to have the policy which they have, it would be legal for them to have a different policy.

thanks,, to be clear, you're saying that any internal policies they decide on are legal?

No, I'm saying this particular policy is legal.

do you know where I can find this? somewhere in the solicitors act ? I just want written legal proof that solicitors are bound by law to transfer all parts of funds , as in our case , three separate amounts into each corresponding beneficiaries account., . I CAN,T FIND THIS, AND I HAVE LOOKED, ALOT.. so if you know where I can find this, I,d be very grateful

Find what? Generally, things are legal unless there is something saying they're not.

They have a duty of care with client money and it's safer (and less hassle) for them to ensure it goes to account(s) in the names of the sellers rather than have potential arguments about the validity of instructions to do otherwise.

If you don't like that, you don't need to use them (and they don't need to continue to act for you).

schoey61

user1977 said:

schoey61 said:

user1977 said:

schoey61 said:

user1977 said:

schoey61 said:

thanks for your reply, was wondering if anyone knows the actual "legality" of this situation, ie. are the solicitors legally bound to transfer my proceeds into my account or, as I wish into a "third party " account, 

No, they're not legally bound to do anything in particular. It's legal for them to have the policy which they have, it would be legal for them to have a different policy.

thanks,, to be clear, you're saying that any internal policies they decide on are legal?

No, I'm saying this particular policy is legal.

do you know where I can find this? somewhere in the solicitors act ? I just want written legal proof that solicitors are bound by law to transfer all parts of funds , as in our case , three separate amounts into each corresponding beneficiaries account., . I CAN,T FIND THIS, AND I HAVE LOOKED, ALOT.. so if you know where I can find this, I,d be very grateful

Find what? Generally, things are legal unless there is something saying they're not.

They have a duty of care with client money and it's safer (and less hassle) for them to ensure it goes to account(s) in the names of the sellers rather than have potential arguments about the validity of instructions to do otherwise.

If you don't like that, you don't need to use them (and they don't need to continue to act for you).

hi, honestly I am grateful you take the time to replay, and you're point about less hassle/validity is valid. which I think is what it,s personally all  about with the solicitors refusal. but that does  not necessarily make it  legal, and call me old fashioned but somewhere there is a legal ruling on this,and that,s what I,m trying to find out, I,m just perhaps in the wrong place . my fault

Section62

schoey61 said:

user1977 said:

schoey61 said:

user1977 said:

schoey61 said:

user1977 said:

schoey61 said:

thanks for your reply, was wondering if anyone knows the actual "legality" of this situation, ie. are the solicitors legally bound to transfer my proceeds into my account or, as I wish into a "third party " account, 

No, they're not legally bound to do anything in particular. It's legal for them to have the policy which they have, it would be legal for them to have a different policy.

thanks,, to be clear, you're saying that any internal policies they decide on are legal?

No, I'm saying this particular policy is legal.

do you know where I can find this? somewhere in the solicitors act ? I just want written legal proof that solicitors are bound by law to transfer all parts of funds , as in our case , three separate amounts into each corresponding beneficiaries account., . I CAN,T FIND THIS, AND I HAVE LOOKED, ALOT.. so if you know where I can find this, I,d be very grateful

Find what? Generally, things are legal unless there is something saying they're not.

They have a duty of care with client money and it's safer (and less hassle) for them to ensure it goes to account(s) in the names of the sellers rather than have potential arguments about the validity of instructions to do otherwise.

If you don't like that, you don't need to use them (and they don't need to continue to act for you).

hi, honestly I am grateful you take the time to replay, and you're point about less hassle/validity is valid. which I think is what it,s personally all  about with the solicitors refusal. but that does  not necessarily make it  legal, and call me old fashioned but somewhere there is a legal ruling on this,and that,s what I,m trying to find out, I,m just perhaps in the wrong place . my fault

Repeating part of user1977's point, in UK law the general principle is things are legal unless there is something that makes them illegal.

So if there were a law that a solicitor must pay a legacy into whatever bank account a beneficiary nominates then the solicitor would be acting unlawfully by having (and operating) a policy of only paying money to an account in a beenficary's name.  But there is no such law, hence the solicitor is free to have a policy with that effect.

horsewithnoname

can you open an online account with one of your siblings uk addresses and have the money put in there? Or a joint account with a sibling?

schoey61

Section62 said:

schoey61 said:

user1977 said:

schoey61 said:

user1977 said:

schoey61 said:

user1977 said:

schoey61 said:

thanks for your reply, was wondering if anyone knows the actual "legality" of this situation, ie. are the solicitors legally bound to transfer my proceeds into my account or, as I wish into a "third party " account, 

No, they're not legally bound to do anything in particular. It's legal for them to have the policy which they have, it would be legal for them to have a different policy.

thanks,, to be clear, you're saying that any internal policies they decide on are legal?

No, I'm saying this particular policy is legal.

do you know where I can find this? somewhere in the solicitors act ? I just want written legal proof that solicitors are bound by law to transfer all parts of funds , as in our case , three separate amounts into each corresponding beneficiaries account., . I CAN,T FIND THIS, AND I HAVE LOOKED, ALOT.. so if you know where I can find this, I,d be very grateful

Find what? Generally, things are legal unless there is something saying they're not.

They have a duty of care with client money and it's safer (and less hassle) for them to ensure it goes to account(s) in the names of the sellers rather than have potential arguments about the validity of instructions to do otherwise.

If you don't like that, you don't need to use them (and they don't need to continue to act for you).

hi, honestly I am grateful you take the time to replay, and you're point about less hassle/validity is valid. which I think is what it,s personally all  about with the solicitors refusal. but that does  not necessarily make it  legal, and call me old fashioned but somewhere there is a legal ruling on this,and that,s what I,m trying to find out, I,m just perhaps in the wrong place . my fault

Repeating part of user1977's point, in UK law the general principle is things are legal unless there is something that makes them illegal.

So if there were a law that a solicitor must pay a legacy into whatever bank account a beneficiary nominates then the solicitor would be acting unlawfully by having (and operating) a policy of only paying money to an account in a beenficary's name.  But there is no such law, hence the solicitor is free to have a policy with that effect.

very good, I like it, though it doesn't,t help my cause, I commend you and I think you're right, but if I am correct, and PLEASE DO CORRECT me if I,m wrong , if we asked the solicitors again, truly stating our case,  and they changed their minds AND they  DID transfer to my brothers account, they would ALSO NOT BE BREAKING THE LAW? which comes down then to my previous comment of it just being all a matter of  "chance "?