Possible Problem With Solicitor??

vetfred

From the Law Society's website:

http://www.lawsociety.org.uk/documents/downloads/client%20care%20probate%20matters.pdf

" Firstly, in dealing with an estate, the only person who can be the solicitor’s client is the executor, or, obviously, the executors if there are more than one.

As will be readily appreciated, it would be nonsensical to have a situation where beneficiaries, who are not clients of the solicitor because he himself is the executor and is therefore his own client, had to refer complaints to the solicitor because he was the executor, and, as executor, he could then just tell the beneficiaries that they had no grounds for complaint and he was satisfied that he, with his solicitor’s hat on, was dealing with things perfectly properly.

It should also be born in mind that, in cases where there is no lay executor, residuary beneficiaries have the specific right to apply for a Remuneration Certificate."

Unless I'm missing something, you can get a certificate according to that?

I can't offer more on it as I'm no expert but if the solicitor told you that you weren't entitled to a certificate, you could ask the Law Society a "hypothetical" question to see their answer if they won't comment on ongoing matters! Otherwise a few calls to other local solicitors to see if they offer a free 30 minute consultation. Of course, you could just forget it but it's entirely up to you.

karlpountney

Thank you very much vetfred that article proves very useful I think and I have therefore send another email to the Law Society/Legal Complaints Service but I dont hold much hope.

Furthermore, I would rather not let it go as its the principal of the thing.

Voyager2002

vetfred wrote: »

From the Law Society's website:

http://www.lawsociety.org.uk/documents/downloads/client%20care%20probate%20matters.pdf

" Firstly, in dealing with an estate, the only person who can be the solicitor’s client is the executor, or, obviously, the executors if there are more than one.

As will be readily appreciated, it would be nonsensical to have a situation where beneficiaries, who are not clients of the solicitor because he himself is the executor and is therefore his own client, had to refer complaints to the solicitor because he was the executor, and, as executor, he could then just tell the beneficiaries that they had no grounds for complaint and he was satisfied that he, with his solicitor’s hat on, was dealing with things perfectly properly.

It should also be born in mind that, in cases where there is no lay executor, residuary beneficiaries have the specific right to apply for a Remuneration Certificate."

Unless I'm missing something, you can get a certificate according to that?

I can't offer more on it as I'm no expert but if the solicitor told you that you weren't entitled to a certificate, you could ask the Law Society a "hypothetical" question to see their answer if they won't comment on ongoing matters! Otherwise a few calls to other local solicitors to see if they offer a free 30 minute consultation. Of course, you could just forget it but it's entirely up to you.

Helpful message, but I think that getting one solicitor to criticise another could be very difficult.

karlpountney

I imagine it will be. Well I got a reply from the LGS and their response wasnt really addressing my problem (standard reply and didnt match my email) - so I re-emailed them and they have told me that I am entitled to a remuneration certificate as a beneficiary.

So clearly 'my' solicitor has lied??