From one solicitor to another

Lilio8

Good morning All.

I'm back! It's been a journey so far and not the most pleasant.
After grant of probate was issued, I left solicitor firm No. 1 and switched to solicitor firm N.2 (the same probate solicitor who drew up B.'s Will). It was a difficult choice but I could not see myself carry on with such level of uncertainty and stress (those who followed my earlier posts know the all saga, and what a saga it's been so far!).

At first I did not think that Sols. No.2 would take me on since there was an ambiguity (or so Sols. No.1 called it) that needed to be cleared with Sols. No. 2 sending the attendance notes and an email with clarifications. I would have thought that Sols. No.2 would be rather peeved at the experience (they probably are as it is reflected by the estimate fee quoted me, quite a £Bundle£!). Sols. No. 2 need to go over the IHT calculations (gosh, I do hope that No.1 got at least that one right; a nagging feeling tells me otherwise).

My reasoning behind switching to Sols. No.2 who drew up the Will is to avoid any further mishaps, misunderstandings and further delays. The experience with Sols. No.1 has not been the most pleasant, if else it was baffling and stressful when they should have made it easier (what's the point in paying a legal firm after all).

Sols. No.1 now wants 'whole of the money' of B.'s bank account to be transferred to 'their' bank account (as per bank closure form I had originally - naively- signed), where they'll deduct their interim fee as well as unoccupancy house insurance (it is an add on that I had asked them to apply since there was no house insurance even before B.'s death). They will then transfer the remaining money to Sols. No.2 (I don't get this!).

So far the bank account has only been used to pay the funeral expenses that were paid prior to engaging with Sols. No.1 or Sols. No.2. 

My questions are: 

1) Why would Sols. No.1 want 'whole of the money' that is in B.'s bank account, why not only what I owe them? 

2) Could I not simply pay Sols. No.1's fee and the unoccupied house insurance applied so far? There are other bills and expenses that need to be paid not only theirs, after all (I've been paying various expenses out of my own funds).

3) Would it be best to look for unoccupancy house insurance with a different firm? Do I actually need unoccupancy house insurance, since I've been making regular weekly trips to the property to clean, clear, see that it is all in order and having it ready to go on the market? I must admit that it does provide some peace of mind for a number of reasons and I was asked about house insurance on the conveyance forms.

p00hsticks

Are you the sole beneficiary ?
If not, and you are employing the second solicitor to both double check what the first has done and distribute the estate, it makes sense that they would want to accumulate all the estate funds and pay all the estate costs themselves.

Lilio8

p00hsticks said:

Are you the sole beneficiary ?
If not, and you are employing the second solicitor to both double check what the first has done and distribute the estate, it makes sense that they would want to accumulate all the estate funds and pay all the estate costs themselves.

No, I'm not the sole beneficiary. There are 2 more (close relatives of B.).

Voyager2002

p00hsticks said:

Are you the sole beneficiary ?
If not, and you are employing the second solicitor to both double check what the first has done and distribute the estate, it makes sense that they would want to accumulate all the estate funds and pay all the estate costs themselves.

As I read the OP, it is the FIRST solicitor who has asked for the bank account.

tls123

Surely all you need to do is ask solicitor number 1 for there final bill now you have probate won’t their bill be for the work involved with just getting the grant of probate, why are they saying interim payment? I would refuse to release all the monies to the 1st solicitor just pay the 1st solicitors final bill making them aware you are not using any further services so they can’t further bill you and then let solicitor number 2 continue with any further work/ calculations and distributing funds once the property sold. I think solicitor number 1 are trying to keep you as a client from your previous post I believe you signed up to a whole style contract with them where they would have done everything playing on your inexperience of probate,  have you definitely terminated their services? Re the house insurance this will probably be incase property burns down, water leaks etc etc yes I would be making sure as an executor that the property is insured especially if forms part of the estate. 

Lilio8

tls123 said:

Surely all you need to do is ask solicitor number 1 for there final bill now you have probate won’t their bill be for the work involved with just getting the grant of probate, why are they saying interim payment? I would refuse to release all the monies to the 1st solicitor just pay the 1st solicitors final bill making them aware you are not using any further services so they can’t further bill you and then let solicitor number 2 continue with any further work/ calculations and distributing funds once the property sold. I think solicitor number 1 are trying to keep you as a client from your previous post I believe you signed up to a whole style contract with them where they would have done everything playing on your inexperience of probate,  have you definitely terminated their services? Re the house insurance this will probably be incase property burns down, water leaks etc etc yes I would be making sure as an executor that the property is insured especially if forms part of the estate. 

That's what I thought, that Sols. 1 only need payment for the work carried out till the day when they received my email expressing the wish to leave them. It is very odd that Sols. 1 would want all the money from B.'s bank account. I don't understand their logic behind it.

tls123

Might not be relevant but solicitors 1 are not named as professional executors on the grant of probate are they? If they aren’t and it’s just you it makes it easier to now separate your relationship with solicitors 1. I would assume they are asking for all funds as they are continuing work to ultimately distribute the estate. Being cynical I can only think they are asking for assume all the funds as this is a large sum? and therefore this would earn the solicitors interest sat in their client account but again I am making a leap to assume this. 

Lilio8

tls123 said:

Might not be relevant but solicitors 1 are not named as professional executors on the grant of probate are they? If they aren’t and it’s just you it makes it easier to now separate your relationship with solicitors 1. I would assume they are asking for all funds as they are continuing work to ultimately distribute the estate. Being cynical I can only think they are asking for assume all the funds as this is a large sum? and therefore this would earn the solicitors interest sat in their client account but again I am making a leap to assume this. 

Grant of Probate certificate reads that 'The Administration of [B. 's] estate is granted by this court to the following Executor [my name and address]'. So, it's just me not Sols. No.1.
 
The reason that the fee was called the 'interim' fee (as in my original post), it's because I had emailed Sols. No.1 asking an update about costs incurred till Grant of Probate prior to my deciding to leave them. It was a difficult decision to make. Part of me wanted to leave Sols. No.1, part of me thought just to get it all over and done with. In the end I realised that I couldn't go on like this. I just hope that Sols. No. 2 aren't too peeved, find faults and bill me heavily (the current estimate is just £9,000something VAT included. Sh*t load£!). I do think that the Will Sols. No. 2 drew up was a bit rushed and a clause not 100% clear. I got hold of attendance notes and it was supposed to have been drawn up so as to make it 'easier' for the executor (Not!). B. did say that the Will didn't make sense somewhere. B. was given the news that he didn't have much time left, 2-3 months so it all ended up being a bit rushed and disorganised which it wasn't like him. He was very precise. B. He had suggested Sols. No.1 because of their lower fees compared with others, especially Sols. No.2. Anyway, it's what it is now.

You might be right about the interest. It was mentioned by someone on their social media page. 

tls123

Good luck with everything although stressful I understand your reasons for switching sols, if solicitors number 1 have made errors make sure you follow their complaint process to the full and if necessary legal ombudsman. The fee to apply for grant of probate is a listed on the government website so check exactly what solicitors 1 have billed you for.