New Post Advanced Search
Important update! We have recently reviewed and updated our Forum Rules and FAQs. Please take the time to familiarise yourself with the latest version.

Property not for sale

edited 26 March 2019 at 4:39PM in Deaths, Funerals & Probate
89 replies 14K views
12345679»

Replies

  • Keep_pedallingKeep_pedalling Forumite
    8.4K posts
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    ✭✭✭✭
    JJWSJS8700 wrote: »
    Manxman:

    Thank you very much for your reply.

    Guess I’ll just have to let him get away with it then, if our Solicitors simply destroy our Wills and Trusts, there’s no point in making them.

    Thank you

    I don’t see why, your brother only got away with it because of a solicitors negligence, so even if you can’t recover anything from your brother I believe you have a strong case against the solicitor, and you have the paperwork to prove it.

    What advice have you had from your own solicitor on how to proceed? Have they submitted a formal complaint on your behalf?

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

    If you really do want to throw in the towel and give up with your current legal advisors, then rather than just give in you could look at handing everything over to a no win no fee type firm.
  • JJWSJS8700JJWSJS8700 Forumite
    119 posts
    Ninth Anniversary 100 Posts Combo Breaker
    Thank you keep pedalling for replying.

    Can I pm you?
  • Manxman_in_exileManxman_in_exile Forumite
    4.8K posts
    Sixth Anniversary 1,000 Posts Name Dropper
    ✭✭✭✭
    I agree with keep pedalling (#82), but I'd happily cut off my nose to spite my face (which I don't advise others to do)!


    You need to be guided by your solicitor and their advice. The beauty of paying for their advice is that gives you some leverage if they !!!! it up for you - you can complain and also possibly sue them more easily.


    However, I'm not as certain as keep pedalling that you have a clear case against your mum's solicitor, but I don't know. If you end up changing solicitors (and I'm not advising that) try to find one that specialises in contentious probate matters.


    If you want to cast your search for advice wider on the internet, you could also try here:


    https://legalbeagles.info/forums/forum/legal-forums/wills-probate-and-bereavement


    Their posters are slower to respond than on here, but one of them (Peridot) is very good and is, I think, a solicitor with knowledge in this area.
  • Keep_pedallingKeep_pedalling Forumite
    8.4K posts
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    ✭✭✭✭
    I agree with keep pedalling (#82), but I'd happily cut off my nose to spite my face (which I don't advise others to do)!


    You need to be guided by your solicitor and their advice. The beauty of paying for their advice is that gives you some leverage if they !!!! it up for you - you can complain and also possibly sue them more easily.


    However, I'm not as certain as keep pedalling that you have a clear case against your mum's solicitor, but I don't know. If you end up changing solicitors (and I'm not advising that) try to find one that specialises in contentious probate matters.


    If you want to cast your search for advice wider on the internet, you could also try here:


    https://legalbeagles.info/forums/forum/legal-forums/wills-probate-and-bereavement


    Their posters are slower to respond than on here, but one of them (Peridot) is very good and is, I think, a solicitor with knowledge in this area.

    To be honest I am not certain either, but on the face of it it seems gross incompetence for a solicitor to provide advice and then draw up documents to protect someone’s assets then some years later to forget or ignore what he had put in place.

    Unfortunately the OPs current solicitor does not seem to up up to the job on providing advice for the way forward, and a different solicitor which specialist knowledge is probably required.
  • Manxman_in_exileManxman_in_exile Forumite
    4.8K posts
    Sixth Anniversary 1,000 Posts Name Dropper
    ✭✭✭✭
    To be honest I am not certain either, but on the face of it it seems gross incompetence for a solicitor to provide advice and then draw up documents to protect someone’s assets then some years later to forget or ignore what he had put in place.

    Unfortunately the OPs current solicitor does not seem to up up to the job on providing advice for the way forward, and a different solicitor which specialist knowledge is probably required.


    Yes to both paragraphs.
  • Important update! We have recently reviewed and updated our Forum Rules and FAQs. Please take the time to familiarise yourself with the latest version.
  • edited 10 June 2019 at 12:45PM
    Manxman_in_exileManxman_in_exile Forumite
    4.8K posts
    Sixth Anniversary 1,000 Posts Name Dropper
    ✭✭✭✭
    edited 10 June 2019 at 12:45PM
    Op - if you do go to legalbeagles (or some other forum like CAG), don't inadvertently mislead them or you'll end up in circles.


    So don't say you bought your mum's council/LA property for her, instead say you provided the funds for the purchase by your mother, who became sole owner (I think).


    Do say your mum's solicitor advised drawing up a DoT to protect your interests (I presume that's how it happened?) but that nothing regarding the DoT was ever recorded on the land register.


    Do say that at the time you were under the impression that your mum's solicitor was acting for both her and you, but that they are now saying that only your mother was a client.


    Do explain that your mum is now deceased, and you have only recently learned that the property was sold last year by the executor (your brother) without your knowledge.


    Do explain what status (if any) you have under your mum's will (I presume there is one as you call your brother the "executor").


    Try to put it into a logical timeline and include dates (approximate if you can't remember for sure).


    Even if you don't try another forum, this exercise will save you time if you reach a stage where you might want to change your solicitor.


    If I've missed anything out, keep pedalling or someone else will point it out.


    Again, good luck...


    EDIT: missed out an important bit! Do say that your mum's solicitor dealt with the sale on somebody's instructions (presumably your mum's) but ignored or had forgotten the DoT that they drew up 17 years previously.
  • edited 10 June 2019 at 1:07PM
    Keep_pedallingKeep_pedalling Forumite
    8.4K posts
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    ✭✭✭✭
    edited 10 June 2019 at 1:07PM
    Without good advice is difficult for the OP to know how to proceed. In the first instance they have a brother who not only sold the house at a knock down price and is now using his position as executor to gain all the proceeds for himself. He cannot claim that he was not aware of the DoT because he apparently used it to get the LA to pay for his mother’s residential care.

    Even if the OP manages to get hold of what remains of the estate assets, they will have suffered a significant financial loss because of legal costs and the house being sold way below market value. For this the original solicitor has a great deal of responsibility for. He originally advised the OP and their mother how to protect the OPs assets. He then either removed that protection because he failed to check his records, or his advice was garbage and the DoT could be bypassed by the OPs mother.

    In either case it seems he breached the SRA Code of Conduct in that he failed to protect a clients assets. This is a serious breach and as such any complaint would have to go via the SRA rather than the legal ombudsman.
  • Manxman_in_exileManxman_in_exile Forumite
    4.8K posts
    Sixth Anniversary 1,000 Posts Name Dropper
    ✭✭✭✭
    OK - but who makes a complaint if the client is dead? (That's assuming the OP was not a client - just the mother). I can't see the brother executor making a complaint on behalf of mum's estate. Does the OP have an interest in the estate under the will?


    (I may have muddied the waters earlier by referring to the executor selling the house - of course it was (or should have been) mum who sold it. Sorry).
  • JJWSJS8700JJWSJS8700 Forumite
    119 posts
    Ninth Anniversary 100 Posts Combo Breaker
    *****Update ****

    Solicitor sorted POA for brother ~ within 6 weeks:

    Solicitor did do the sale of property.

    Solicitor forgot about the D of T

    Solicitor handed the proceeds over to brother

    Solicitor realised within 24hrs and informed brother of DoT
Sign In or Register to comment.

Quick links

Essential Money | Who & Where are you? | Work & Benefits | Household and travel | Shopping & Freebies | About MSE | The MoneySavers Arms | Covid-19 & Coronavirus Support