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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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My deceased aunt me, her niece, and her solicitor to act as

Customer Question

My deceased aunt me, her niece, and her solicitor to act as executors of her will.

The solicitor is dictating that we use one of two estate agents for the sale of her flat and refuses point blank to use the estate agent that has let her flat for the past 12 months, has all of the measurements, photos etc and is the agent that I have dealt with all along while looking after my aunts affairs. They have been great and I want them to sell the property. Having checked with all three estate agents they will all charge the same fee and provide the same service so there is no apparent difference between them.

He also said he will do the conveyance for the sale.

I do not feel comfortable with the solicitor being so forceful and have written to him asking for a reply in writing as to why he is taking this stance.

Is he able to dictate to this level and if I am not happy can I suggest that we go to another solicitor to carry out the execution with the solicitor and I purely being executors?

Thank you for you help in this matter.

Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.

The executor solicitor cannot dictate to that level which estate agent to use and to use him for the conveyancing, it seems that the solicitor is showing bias and placing themselves in a position of conflict of interest and duty.

If the niece who is also an executor sides with you, then there should be no problem retaining the current estate agent to act in the sale of the property, unless the solicitor executor is able to give a good reason why the other estate agent should be appointed.

You should ask the solicitor whether he or she is getting referral fees from the other estate agent which is why the solicitor is being biased.

A compliant may be made to the SRA about this solicitor as they should carry out their duties as executor in the best interests of the estate and there are question marks about this.

Can I help further?
Customer: replied 2 years ago.

Hi there,


Many thanks for your reply which is as I thought. I have written to him asking for his reasons why in writing. Lets see what he comes back with and then I will be in touch again.




Expert:  UKSolicitorJA replied 2 years ago.
Thank you Jane,

Please remember to leave feedback. You can come back to me when you hear what the solicitor has to say.

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