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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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When my mother died in early 2010 and her estate was wound

Resolved Question:

When my mother died in early 2010 and her estate was wound up, the family solicitor found 9,000 pounds in his client account, which had been there since my father died in late 1996. At that time my mother had expected some money from a life insurance policy my father had, but when my sister enquired some time later on her behalf, the insurance company said the money had been paid out, but were unable to give any further details.
The solicitor paid us 1,000 pounds interest and did some land conveyance work for us free of charge as compensation. Using an on line asset price calculator, the 9,000 pounds would have grown to just over 16,000 pounds had my mother received it and put it in a savings account, which is what she would have done with it.
I feel what the solicitor has done is not sufficient, apart from the monetary loss, my mother died thinking that money had been lost / paid out to the wrong person, as she mentioned it many times over the years. Surely the solicitor should have carried out scheduled audits of client accounts and notified my mother of it's presence, it was there for many years.
Your thoughts and advice will be much appreciated - thanks.
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

I am sorry to hear about this.

It would appear that the Solicitor was negligent and likely to have breached the Solicitors Accounts Rules 2011 and the SRA Code of Conduct by failing to identify that this money belonged to your mother and failing to account for the money to her.

You should lodge a formal complaint to the solicitor about this, point out that the money would have grown to 16,000 and ask them to pay you appropriate compensation (e.g. the 6K difference in interest) for their negligence and breach of the above Rules and Code.

If the Solicitor does not uphold your complaint, you may take the matter further by complaining to both the SRA and the Legal Ombudsman, see here:

http://www.sra.org.uk/consumers/problems/report-solicitor.page

and

http://www.legalombudsman.org.uk/consumer/index.html

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