Issue with Solicitor

user1977

I would assume if they say they can't disclose it then that's true. Just pick up matters directly with the other party

Okell

@JoJo445 - so the claimant is one of the executors?

Does an executor have legal standing to contest a a will of which they are executor?

It would seem a clear conflict of interest to me… but i'm not a lawyer

Wouldn't they have to renounce their executorship?

Okell

https://forums.moneysavingexpert.com/discussion/comment/82026302#Comment_82026302

"… Both parties used contentious probate solicitors at the beginning but couldn't reach an agreement (unfortunately the Claimant is not reasonable in terms of a settlement). The estate is modest and it does not make any sense for the Claimant to have issued court proceedings (disgruntled beneficiary)…"

Presumably you and the other defendant executor(s) consider the claim still worth defending notwithstanding the "modest" size of the estate?

JoJo445

Hello Okell. Yes, the Claimant is one of the executors. We don't really have a choice but to defend the claim. Unless she gets everything she wants, she won't stop (she put a caveat on probate after the funeral). She wants our shares of the estate (through a deed of variation, even though the 2 years has passed) and half of the sum left by the Deceased for his wife (who is the first defendant). If we ask her for the correspondence she sent to the solicitor (who won't share it with us), I doubt she will send it (even if she should). It's just how she's behaved throughout.

PHK

https://forums.moneysavingexpert.com/discussion/comment/82026302#Comment_82026302

This really isn't a consumer rights question.

But if the correspondence from the claimant is, in essence, a complaint about the actions of your former solicitor then it's not something you would be entitled to have a copy of.

born_again

Only winner here is going to be the legal teams. Estate is going to be the loser.

Okell

https://forums.moneysavingexpert.com/discussion/comment/82026637#Comment_82026637

There aren't any legal teams.

Both sides are LIPs

I repeat my earlier advice to OP that if they don't want to engage another solicitor they should at least post on legal beagles - Wills,Probate and Bereavement - LegalBeagles Forum

They can advise on the probate issue and the solicitor issue

JoJo445

Thanks everyone for your support/comments.