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  • FIRST POST
    • Bariwhites
    • By Bariwhites 3rd Mar 18, 9:00 AM
    • 1,426Posts
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    Bariwhites
    Solicitor gone into Administration
    • #1
    • 3rd Mar 18, 9:00 AM
    Solicitor gone into Administration 3rd Mar 18 at 9:00 AM
    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
Page 1
    • Yorkshireman99
    • By Yorkshireman99 3rd Mar 18, 9:37 AM
    • 4,495 Posts
    • 3,718 Thanks
    Yorkshireman99
    • #2
    • 3rd Mar 18, 9:37 AM
    • #2
    • 3rd Mar 18, 9:37 AM
    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
    Originally posted by Bariwhites
    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
    • By Bariwhites 3rd Mar 18, 9:46 AM
    • 1,426 Posts
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    Bariwhites
    • #3
    • 3rd Mar 18, 9:46 AM
    • #3
    • 3rd Mar 18, 9:46 AM
    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.
    Originally posted by Yorkshireman99
    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
    • By Yorkshireman99 3rd Mar 18, 9:49 AM
    • 4,495 Posts
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    Yorkshireman99
    • #4
    • 3rd Mar 18, 9:49 AM
    • #4
    • 3rd Mar 18, 9:49 AM
    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.
    Originally posted by Bariwhites
    Not much you can do then.
    • Tigsteroonie
    • By Tigsteroonie 3rd Mar 18, 9:53 AM
    • 22,847 Posts
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    Tigsteroonie
    • #5
    • 3rd Mar 18, 9:53 AM
    • #5
    • 3rd Mar 18, 9:53 AM
    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.
    Originally posted by Bariwhites
    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.
    Mrs Marleyboy

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    • Keep pedalling
    • By Keep pedalling 3rd Mar 18, 10:31 AM
    • 5,414 Posts
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    Keep pedalling
    • #6
    • 3rd Mar 18, 10:31 AM
    • #6
    • 3rd Mar 18, 10:31 AM
    Why not ask the executor if he will relinquish the roll to you?
    • Bariwhites
    • By Bariwhites 3rd Mar 18, 11:15 AM
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    Bariwhites
    • #7
    • 3rd Mar 18, 11:15 AM
    • #7
    • 3rd Mar 18, 11:15 AM
    Why not ask the executor if he will relinquish the roll to you?
    Originally posted by Keep pedalling
    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
    • By Keep pedalling 3rd Mar 18, 12:17 PM
    • 5,414 Posts
    • 6,098 Thanks
    Keep pedalling
    • #8
    • 3rd Mar 18, 12:17 PM
    • #8
    • 3rd Mar 18, 12:17 PM
    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
    • By Yorkshireman99 3rd Mar 18, 3:53 PM
    • 4,495 Posts
    • 3,718 Thanks
    Yorkshireman99
    • #9
    • 3rd Mar 18, 3:53 PM
    • #9
    • 3rd Mar 18, 3:53 PM
    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.
    Originally posted by Tigsteroonie
    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
    • By Bariwhites 3rd Mar 18, 4:12 PM
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    Bariwhites
    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.
    Originally posted by Yorkshireman99
    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
    • By Yorkshireman99 3rd Mar 18, 4:16 PM
    • 4,495 Posts
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    Yorkshireman99
    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?
    Originally posted by Bariwhites
    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.
    • Bariwhites
    • By Bariwhites 3rd Mar 18, 4:26 PM
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    • 760 Thanks
    Bariwhites
    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.
    Originally posted by Yorkshireman99
    The problem is we don't really want a firm miles away doing this. Would he potentially stand down as he is retired?
    • Yorkshireman99
    • By Yorkshireman99 3rd Mar 18, 4:58 PM
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    Yorkshireman99
    The problem is we don't really want a firm miles away doing this. Would he potentially stand down as he is retired?
    Originally posted by Bariwhites
    I would expect so. Have you asked him? Are the new firm close by?
    • Bariwhites
    • By Bariwhites 12th Apr 18, 4:49 PM
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    Bariwhites
    This is starting to become a bit of a nightmare. Files were eventually sent to the executor (retired solicitor) about five weeks ago. As far as we can see he has done nothing with them!

    He hasn't appointed anyone else to do the work and hasn't done anything himself.

    My mum's cash assets that were in the firms client account have been with the administrator for around eight weeks now and nobody has contacted them to get the funds released.

    DWP investigation ongoing and they have been awaiting bank statement for some time now.

    We are also concerned that as the executor isn't a current licensed solicitor we wouldn't be covered if he went off with all the cash.

    What's the next option, I guess a letter asking him to explain what is going on and what action he is actually doing?
    • Yorkshireman99
    • By Yorkshireman99 12th Apr 18, 5:55 PM
    • 4,495 Posts
    • 3,718 Thanks
    Yorkshireman99
    This is starting to become a bit of a nightmare. Files were eventually sent to the executor (retired solicitor) about five weeks ago. As far as we can see he has done nothing with them!

    He hasn't appointed anyone else to do the work and hasn't done anything himself.

    My mum's cash assets that were in the firms client account have been with the administrator for around eight weeks now and nobody has contacted them to get the funds released.

    DWP investigation ongoing and they have been awaiting bank statement for some time now.

    We are also concerned that as the executor isn't a current licensed solicitor we wouldn't be covered if he went off with all the cash.

    What's the next option, I guess a letter asking him to explain what is going on and what action he is actually doing?
    Originally posted by Bariwhites
    A retired solicitor I.e. without a practicing certificate is not allowed act professionally. I suggest contact with the regulator. The money will be safe but not available immediately.
    • TBagpuss
    • By TBagpuss 12th Apr 18, 9:40 PM
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    TBagpuss
    The retired solicitor can, as executor, instruct a new solicitor to carry out the work. If you can identify which firm you wold like to deal with the matter, you can ask him to instruct them.

    If he has not yet applied for probate or dealt with the estate he may still be able to renounce - that would leave you with no executor, and I think at that point you could apply to administer the estate yourself, in accordance with the will.However, if work had already started about getting your mums assets in then it's probably too late for him to step down, so a specific request to instruct a local firm may be more appropriate.
    • Yorkshireman99
    • By Yorkshireman99 12th Apr 18, 10:17 PM
    • 4,495 Posts
    • 3,718 Thanks
    Yorkshireman99
    The retired solicitor can, as executor, instruct a new solicitor to carry out the work. If you can identify which firm you wold like to deal with the matter, you can ask him to instruct them.

    If he has not yet applied for probate or dealt with the estate he may still be able to renounce - that would leave you with no executor, and I think at that point you could apply to administer the estate yourself, in accordance with the will.However, if work had already started about getting your mums assets in then it's probably too late for him to step down, so a specific request to instruct a local firm may be more appropriate.
    Originally posted by TBagpuss
    Noted and agreed. Nevertheless he should get on with it without delay and keep the OP posted.
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