Solicitor gone into Administration

Bariwhites
Bariwhites Posts: 1,523 Forumite
First Anniversary Combo Breaker
in Deaths, funerals & probate
Hi, was hoping for a bit of advice on the next steps to take.

Seven months ago my Mum sadly passed away leaving a will with my Uncle and a solicitor as executors. My Uncle stood down due to his age and the solicitor was retired but he gave his old firm permission to do the work.

Will is straightforward with me and my brother beneficiaries, a house and some cash assets.

We never had any great faith in the work done by this firm and a few weeks ago we were informed that the firm had gone into administration. We were told the work was passing to another firm, many miles away where one of the partners was now working for.

Struggled to get any straight answers from the new firm about what was happening so we complained. Got a response last week saying they had all the files but as they weren't our service provider they could only explain what needed to be done next and that was they needed permission from the executor to do the work. If we had any issues then speak to him.

I managed to get a contact number for the executor and he said he would look into this for us but he hadn't been contacted by the new firm as yet.

Bit of a loss now to what our options are and the whole situation feels like a mess!

Does anybody have any suggestions?

Thanks
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Comments

  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    Bariwhites wrote: »
    Hi, was hoping for a bit of advice on the next steps to take.

    Seven months ago my Mum sadly passed away leaving a will with my Uncle and a solicitor as executors. My Uncle stood down due to his age and the solicitor was retired but he gave his old firm permission to do the work.

    Will is straightforward with me and my brother beneficiaries, a house and some cash assets.

    We never had any great faith in the work done by this firm and a few weeks ago we were informed that the firm had gone into administration. We were told the work was passing to another firm, many miles away where one of the partners was now working for.

    Struggled to get any straight answers from the new firm about what was happening so we complained. Got a response last week saying they had all the files but as they weren't our service provider they could only explain what needed to be done next and that was they needed permission from the executor to do the work. If we had any issues then speak to him.

    I managed to get a contact number for the executor and he said he would look into this for us but he hadn't been contacted by the new firm as yet.

    Bit of a loss now to what our options are and the whole situation feels like a mess!

    Does anybody have any suggestions?

    Thanks
    This is not an unknown situation as the estate is effectively the client. The new firm are being rather pedantic in the situation. I can only suggest a formal complaint under the new firm.s complaints procedure.
  • Bariwhites
    Bariwhites Posts: 1,523 Forumite
    First Anniversary Combo Breaker
    Yorkshireman99 wrote: »
    This is not an unknown situation as the estate is effectively the client. The new firm are being rather pedantic in the situation. I can only suggest a formal complaint under the new firm.s complaints procedure.

    It was the new firm we complained to. They basically said although they have all the paperwork they can't do anything as the executor hasn't given them permission yet to do the work.
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    Bariwhites wrote: »
    It was the new firm we complained to. They basically said although they have all the paperwork they can't do anything as the executor hasn't given them permission yet to do the work.
    Not much you can do then.
  • Tigsteroonie
    Tigsteroonie Posts: 24,954 Forumite
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    Bariwhites wrote: »
    It was the new firm we complained to. They basically said although they have all the paperwork they can't do anything as the executor hasn't given them permission yet to do the work.
    This my understanding, having had my conveyancing solicitor go into administration halfway through buying my house! The new practice is just a "holding" practice, they hold the files, but are not instructed.

    However as the Uncle has stood down, I don't know who now classes as the other Executor.
    :heartpuls Mrs Marleyboy :heartpuls

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  • Keep_pedalling
    Keep_pedalling Posts: 16,618 Forumite
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    Why not ask the executor if he will relinquish the roll to you?
  • Bariwhites
    Bariwhites Posts: 1,523 Forumite
    First Anniversary Combo Breaker
    Keep_pedalling wrote: »
    Why not ask the executor if he will relinquish the roll to you?

    This is what I'm trying to work out, basically what are the options. It appears that now my Uncle has stood down the retired solicitor is the now the sole executor.

    Sounds like I need to speak to him and see what can be sorted.
  • Keep_pedalling
    Keep_pedalling Posts: 16,618 Forumite
    First Anniversary First Post Name Dropper Photogenic
    This is a good reason you should review your wills every few years, especially if you appoint executors who are a similar age to you.

    If you do manage to take over probate, do not be surprised to get a bill for work done by the old solicitors from the official receiver handling the winding up of that company.
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    Tigsteroonie wrote: »
    This my understanding, having had my conveyancing solicitor go into administration halfway through buying my house! The new practice is just a "holding" practice, they hold the files, but are not instructed.

    However as the Uncle has stood down, I don't know who now classes as the other Executor.
    I don't think so because they have been instructeded by the regulatory body to take the case forward. In some cases a pragmatic approach from them is required as in this case because the beneficiaries are those who matter.
  • Bariwhites
    Bariwhites Posts: 1,523 Forumite
    First Anniversary Combo Breaker
    Yorkshireman99 wrote: »
    I don't think so because they have been instructeded by the regulatory body to take the case forward. In some cases a pragmatic approach from them is required as in this case because the beneficiaries are those who matter.

    I don't think this holding firm has been instructed by the regulatory body, I think they are just holding the files as that's where the partner of the firm that's gone into administration, now works.

    Reading up on this today, it looks like the retired solicitor is the named executor and not his firm. Therefore it seems its up to him to decide what happens next and who does the work. Just not sure what the options are?
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    Bariwhites wrote: »
    I don't think this holding firm has been instructed by the regulatory body, I think they are just holding the files as that's where the partner of the firm that's gone into administration, now works.

    Reading up on this today, it looks like the retired solicitor is the named executor and not his firm. Therefore it seems its up to him to decide what happens next and who does the work. Just not sure what the options are?
    Noited and thanks for clarifying things. If you are in touch with the executor then he is the obvious person to give th new firm the go ahead.
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