Co-Executor Problems

124

Comments

  • -taff
    -taff Posts: 14,495 Forumite
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    I think, from google only, more intelligent people along in moment, you might have to compel him
    The solicitor isn't doing anything wrong. Your brother can't order him not to give you a copy, the solicitor has to be satisfied that you are both who you say you are and that you have a death certificate.
    You could always turn the tables on your brother and tell him you're going to issue a citation to remove him.
    Shampoo? No thanks, I'll have real poo...
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    There i9s something fundmentally wrong here. Why is the dsolicitor only engaging withn on executor? I think the oP needs to make a formal complaint to the firms chief partner as to what is going on. Other wise the saga will just drag on and on.
  • Threecatz
    Threecatz Posts: 23 Forumite
    Thank you for your replies, Taff and Yorkshireman. I appreciate this saga must seem completely bizarre. Does to me too, to be honest!

    It started with my brother initially wanting to act alone ( as he did for my Mother) but, when I said no, agreeing to act with me. Then he changed his mind and said I could act alone, with him having power reserved. The next thing I know is that I receive a letter from his solicitor, or rather, the Legal Executive allocated the case, saying that he has instructed them and so the saga began. I've tried contacting him to ask why but he just refused to answer.

    As I mentioned previously, this is a very simple probate, no property as my father was in residential care, just a number of investments and accounts to close down - pay the small number of outstanding liabilities and that's it. Based on that, I saw no need to instruct a solicitor myself and I don't want to be pushed into using my brother's solicitor, despite being bombarded with letters from them insisting that I must work with them!
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    Threecatz wrote: »
    Thank you for your replies, Taff and Yorkshireman. I appreciate this saga must seem completely bizarre. Does to me too, to be honest!

    It started with my brother initially wanting to act alone ( as he did for my Mother) but, when I said no, agreeing to act with me. Then he changed his mind and said I could act alone, with him having power reserved. The next thing I know is that I receive a letter from his solicitor, or rather, the Legal Executive allocated the case, saying that he has instructed them and so the saga began. I've tried contacting him to ask why but he just refused to answer.

    As I mentioned previously, this is a very simple probate, no property as my father was in residential care, just a number of investments and accounts to close down - pay the small number of outstanding liabilities and that's it. Based on that, I saw no need to instruct a solicitor myself and I don't want to be pushed into using my brother's solicitor, despite being bombarded with letters from them insisting that I must work with them!
    As joint executor you really have little choice since your primary reponsibility is to act correctly as executor regardless of your personal fellings. I realise this will be hard but you have no real shoice.
  • Threecatz
    Threecatz Posts: 23 Forumite
    Thanks again for the reply Yorkshireman.

    I suppose my question would be is it correct that, if one executor insists on instructing a solicitor, incurring needless costs to the estate in the process (costs that are still unknown, as said solicitor refuses to give an estimate, or agree a fee ceiling, despite my requests for one or the other) the co-executor has no choice other than to agree but, as you say, it doesn’t appear that I have any other option.
  • SevenOfNine
    SevenOfNine Posts: 2,357 Forumite
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    TBH, by now I'd have taken YM99's advice in post #33. Not least because they have flatly refused/ignored your requests for a mere copy of the Will, so you can check it's content regarding executors & beneficiaries.

    Presumably your brother has, in his role as executor, engaged the services of this firm of solicitors without consultation with you, yet they will be billing the estate for work undertaken thus far? I'd insist on knowing what those costs are.

    You could try asking some questions on the forum here https://legalbeagles.info/

    I'd list the compromises you've offered already & ask why each time the solicitor seems to come back to the 'use our firm'.

    Though it may be that your brother is so determined to be an @ rse, that you might have to agree to giving the whole task to a firm of solicitors you consider to be an INDEPENDENT, not one who is taking instruction from only your brother.
    Seen it all, done it all, can't remember most of it.
  • Threecatz
    Threecatz Posts: 23 Forumite
    Thank you for you reply Seven and the link, too, I will certainly go and have a look there.

    Yes, my brother did instruct the solicitor without mentioning it to me. The first I knew about it was when I received a letter from them!

    Unfortunately, I did suggest a few letters back, as one of the options for resolving this, that we appoint an independent probate solicitor to deal with the whole thing and we both stood down and let them handle it but he still wouldn't budge!

    Anyway, thanks again to you and all who have replied, it has been much appreciated.
  • Dox
    Dox Posts: 3,116 Forumite
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    Why are you getting so wound up about all this? Your father only died in May; the estate will be below the IHT threshold, so there won't be any interest to pay on unpaid IHT.

    Write to your brother, with a copy to his solicitor, and say you can do nothing further until you have a copy of the will, at which point you will discuss with him (i.e. your brother) how best to take things forward. Confirm that you have not appointed the solicitor acting for him and that any charges arising are therefore your brother's responsibility.
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    Dox wrote: »
    Why are you getting so wound up about all this? Your father only died in May; the estate will be below the IHT threshold, so there won't be any interest to pay on unpaid IHT.

    Write to your brother, with a copy to his solicitor, and say you can do nothing further until you have a copy of the will, at which point you will discuss with him (i.e. your brother) how best to take things forward. Confirm that you have not appointed the solicitor acting for him and that any charges arising are therefore your brother's responsibility.
    Since an executor has appointed a solicitor they are not personally liable for the fees that are chargeable to the estate. The OP might have great difficulty in recovering the fees from her brother who is certainly morally responsible.
  • Dox
    Dox Posts: 3,116 Forumite
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    Yorkshireman99 wrote: »
    Since an executor has appointed a solicitor they are not personally liable for the fees that are chargeable to the estate. The OP might have great difficulty in recovering the fees from her brother who is certainly morally responsible.

    You've missed the point. The idea is to serve formal notice on the solicitor that his/her appointment is not a unanimous decision of the executors - and that failure to provide a copy of the will to OP will delay the process and that delay will be down to the brother and/or solicitor. That is likely to concentrate at least one mind!
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