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Solicitor Being Difficult.
The solicitor who drew up my Dad’s Will is also the executor.
My sister and I are the main beneficiaries, with a small amount of money going to both my children
Dad died in January, and the house went up for sale at the end of February.
I know Dad thought it was a palace, but it’s actually a neglected mess that needs the interior completely gutting.
We recently discovered that there are structural problems too, and a couple of weeks ago, accepted an offer from a buyer who is aware of all the work that needs doing.
This offer is naturally less than the property was originally valued at, but we accept this and are very keen to proceed with the sale.
The solicitor is unbearably slow at replying to any correspondence. (I wrote to him 3 times after Dad died, before he replied).
We have had 1 email in response to the “we want to sell at this price” notice, and this was him trying to put the kibosh on the sale, and get us to to see if we can claim on the insurance to get the structural work done.
The underlying tone of the email says to both of us “tough luck, I’m executor, I get to decide.”
We both emailed him and said “no thanks, we want to sell.”
We are still waiting for a reply.
My questions are:
a) Can he override our decision?
b) If he does agree to the sale, can we get another solicitor to do the conveyancing?
My concern is that the snails pace he moves at, could cost us the sale.
c) If b) is doable, could he be awkward and not hand over any necessary paperwork to a new solicitor? I assume he has the title deeds at this office.
I feel he’s made too many decisions already.
His office is a short walk from the property. He often “pops” round for “security and insurance purposes.”
He insisted on getting a plumber in to drain down the system “in case the pipes froze” and left an electric heater on 24/7 “just in case.” That ran up a bill of £288.
The cost of all of that, will of course, ultimately come out of our inheritance.
Thanks.
My sister and I are the main beneficiaries, with a small amount of money going to both my children
Dad died in January, and the house went up for sale at the end of February.
I know Dad thought it was a palace, but it’s actually a neglected mess that needs the interior completely gutting.
We recently discovered that there are structural problems too, and a couple of weeks ago, accepted an offer from a buyer who is aware of all the work that needs doing.
This offer is naturally less than the property was originally valued at, but we accept this and are very keen to proceed with the sale.
The solicitor is unbearably slow at replying to any correspondence. (I wrote to him 3 times after Dad died, before he replied).
We have had 1 email in response to the “we want to sell at this price” notice, and this was him trying to put the kibosh on the sale, and get us to to see if we can claim on the insurance to get the structural work done.
The underlying tone of the email says to both of us “tough luck, I’m executor, I get to decide.”
We both emailed him and said “no thanks, we want to sell.”
We are still waiting for a reply.
My questions are:
a) Can he override our decision?
b) If he does agree to the sale, can we get another solicitor to do the conveyancing?
My concern is that the snails pace he moves at, could cost us the sale.
c) If b) is doable, could he be awkward and not hand over any necessary paperwork to a new solicitor? I assume he has the title deeds at this office.
I feel he’s made too many decisions already.
His office is a short walk from the property. He often “pops” round for “security and insurance purposes.”
He insisted on getting a plumber in to drain down the system “in case the pipes froze” and left an electric heater on 24/7 “just in case.” That ran up a bill of £288.
The cost of all of that, will of course, ultimately come out of our inheritance.
Thanks.
Answers
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When we went and saw the solicitor, I specifically asked the question “who gets to make a decision on the amount the house gets sold for?”
He told us that we did.
I understand that an executor has a duty to see that the estate doesn’t loose money, but this will add an inordinate amount of time, as the property would be un-marketable for months.
I fail to see why, when the beneficiaries are happy, he would want to throw a spanner in the works.
I also know that Dad would have been pragmatic and said “you both do what’s best for you.”
He told us that we did.
I understand that an executor has a duty to see that the estate doesn’t loose money, but this will add an inordinate amount of time, as the property would be un-marketable for months.
I fail to see why, when the beneficiaries are happy, he would want to throw a spanner in the works.
I also know that Dad would have been pragmatic and said “you both do what’s best for you.”
Drat. That makes it a little more difficult to do anything.
I would suggest that both the beneficiaries write to him in quite robust terms telling him that a) you want the house sold at that price and you do not want to muck about with an insurance claim. IF there is enough cash in the estate to cover the debts, costs and legacies you could ask him to transfer the property to the pair of you. Then YOU can do what you want when you want with it.
I would suggest that both the beneficiaries write to him in quite robust terms telling him that a) you want the house sold at that price and you do not want to muck about with an insurance claim. IF there is enough cash in the estate to cover the debts, costs and legacies you could ask him to transfer the property to the pair of you. Then YOU can do what you want when you want with it.
Slow and Rogue solicitors make the whole profession stink. But they don't seem to have the balls to sort it out.
He's obviously milking the estate for all he can get (plus some for his cronies in Trade).
As he's making your life intolerable, how about trying the same on him. Harass him mercilessly, report him to the Law Society, report him to Trading Standards, haunt his office, telephone and e-mail him persistently (I've used this tactic successfully on conveyancing).
Incidentally since you are beneficiaries why isn't the house now yours - did the Will specify it being sold before distribution of the estate ?
You could take him to court for mis-handling the estate, but unfortunately these Lawyer folk will just close ranks and you will lose the case and have horrendous expenses. Such is our glorious Legal Profession, forever on the Make.
He's obviously milking the estate for all he can get (plus some for his cronies in Trade).
As he's making your life intolerable, how about trying the same on him. Harass him mercilessly, report him to the Law Society, report him to Trading Standards, haunt his office, telephone and e-mail him persistently (I've used this tactic successfully on conveyancing).
Incidentally since you are beneficiaries why isn't the house now yours - did the Will specify it being sold before distribution of the estate ?
You could take him to court for mis-handling the estate, but unfortunately these Lawyer folk will just close ranks and you will lose the case and have horrendous expenses. Such is our glorious Legal Profession, forever on the Make.
It is subsidence, Deskdiary.
Like Canary, I can’t help but think he wants to string this out to make more money.
I’ve just remembered that he’s not even a “proper” solicitor.
The firm is a two person outfit. His wife is the solicitor (she does the conveyancing, but so far, I’ve had no dealings with her), but I think I’m right in saying that he never passed the bar. (If that is the correct expression) .
Like Canary, I can’t help but think he wants to string this out to make more money.
I’ve just remembered that he’s not even a “proper” solicitor.
The firm is a two person outfit. His wife is the solicitor (she does the conveyancing, but so far, I’ve had no dealings with her), but I think I’m right in saying that he never passed the bar. (If that is the correct expression) .
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