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Hi. Thank you for your question. My name is XXXXX XXXXX I will try to help with this.
You have mentioned the executor commented on the solicitors costs. I would need a little more detail. in respect of the probate issues and the fe agreement
what more detail would you need
i am not privy to the existence/extent of a fee agreement and my question is around the principle of whether i can take action against the solicitor for over charging given that while i have not engaged them, i am nonetheless indirectly, with the other beneficiaries, paying their fees
do not understand "our chat has ended" ! it hasnt begun
Hi, welcome to the site. I see you have asked for another expert to answer this. I will do that for you.
You are entitled to challenge the legal costs incurred by the executors if you are a residuary beneficiary, i.e. somebody whose benefit from the estate is affected by the legal costs that have been incurred because they eat into what you would inherit. You are entitled to do so under s.71(1) of the Solicitors Act 1974.
Therefore, you should raise it with the solicitors first and see if they agree to reduce their costs. If not, then you can apply to the Court for their costs to be assessed and if the court concludes they have charged too much, it can order them to repay the money to the estate.
You can also make a complaint against the solicitors concerned to the Legal Ombudsman Service and he has similar powers as the Court.
Hope this is helpful, if you would like to know anything more about it, just let me know.
thank you. just one point in respect to your answer. In order to assess the fees charged i would need to see some form of accounts and brake down of how fees have been charged and for what. How do i get these?
Yes, you would.
You are entitled to this breakdown from the solicitors, which they should provide you upon request. It should be as easy as them printing this out off their computer system for you - which would detail all the time entries (which equates to the cost!) since the matter began.