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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70516
Experience:  Over 5 years in practice
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my solicitor ignores questions and is taking an inordinate

Resolved Question:

my solicitor ignores questions and is taking an inordinate length of time to process a simple process of requesting grant of Probate. what can i do about it ?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

Have you raised a complaint with the firm's complaints partner?

As the application now be made?

It seems not but are there a lot of assets or is the estate of very straightforward?
Customer: replied 3 years ago.

The estate is simple and all the assets have been set out by me in the folder I left with him. I have even completed a Probate application form and an inheritance tax form (the estate does qualify for inheritance tax). All that was necessary was to transfer the information to the appropriate solicitor's forms. I could have submitted these directly to the Probate Registry and been granted Probate within three weeks. He has not replied to emails or letters i sent nearly a fortnight ago. Have I any remedy. I sent an email to the firm's partners (my solicitor is not a partner) but he replied and I cannot contact them,

Customer: replied 3 years ago.
Relist: Incomplete answer.
I am waiting for an answer
Expert:  Jo C. replied 3 years ago.
Thank you.

It is most unusual for probate to be granted in three weeks even for a straightforward estate.

Depending on the particular Registry, the delay can be six or eight weeks. However there is certainly no reason for a straightforward estate for it to take almost 9 months.

What you have said, I would expect the estate to start being wound up now.

Certainly, you should have probate and have the assets in and be looking at doing the distribution. There is certainly nothing either to excuse the poor, indeed, almost non-existent communication.

In the initial letter you got when you instructed the firm of solicitors, it will have details of the complaints procedure and will save you the firm's complaints partner is. If it does not have details of the complaints procedure and the name of the complaints partner that actually gives you another complaint!

I would write one more time to the firm's complaints partner by name heading the letter "formal complaint" "referral to SRA pending”

I would give him until Friday, 28 March to let you have a substantial response (but that in the latter) training which you will make a complaint to the Solicitors Regulation Authority without further notice.

If you have not had anything by Friday, 28 March, make a formal complaint to the Solicitors Regulation Authority. The SRA will not deal with negligence issues but will deal with poor service issues.

They have the power to discipline the solicitor and award compensation if appropriate

Can I clarify anything for you?

Jo
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