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Max Lowry
Max Lowry, Advocate
Category: Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
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as a beneficiary entitled to 12th of my uncles estate valued

Resolved Question:

as a beneficiary entitled to 12th of my uncles estate valued at around £500-600,000 made up of a share portfolio and a property and has already taken 14 months with no sign of any distribution do I have a right to challenge the solicitors bill which is currently already at £45,000. I have had no info only found out the extent of running total from the executor who mentioned it in passing recently
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Jo C. :

Hi. Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Jo C. :

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

Customer:

what more detail would you need

Customer:

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

Customer: replied 3 years ago.

do not understand "our chat has ended" ! it hasnt begun

Customer: replied 3 years ago.
Relist: Other.
didnt get an answer
Expert:  Max Lowry replied 3 years ago.

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.

 

Regards

Max

 

 

Customer: replied 3 years ago.

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?

Expert:  Max Lowry replied 3 years ago.

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.

 

Regards

Max

Max Lowry, Advocate
Category: Law
Satisfied Customers: 1457
Experience: LLB, 10 years post qualification experience
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