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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10628
Experience:  Barrister 17 years experience
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My elderly godmother died in March , she had no family and

Customer Question

My elderly godmother died in March , she had no family and left a solicitor she said she trusted as her executor , I have just optiained a copy of the will as she left me £200 a nice surprise, after reading the will , the solicitor the executor did not do her funeral according to her will , they emptied out her home, and it clearly stated that the beneficiaries (5 off) could have any choice items , the solicitor got house clearance company in and told me that my godmother has consented , however during her last few months she was either in Hospitial or a 24 hour home as she was totally incapable and in a great deal of pain, I feel that if I had not obtained a copy of the will (after probate was granted) I would never had know these things , can I take this to the ombusman , thank you for taking the time.
Mrs M Newman
Submitted: 3 years ago.
Category: Law
Expert:  Buachaill replied 3 years ago.
Buachaill :

1. You should make a complaint about the solicitor's professional conduct to the Legal Ombudsman. Essentially, the solicitor did not act in a proper manner here by having an early reading of the will amongst the beneficiaries. He then acted wrongly and didn't follow the terms of the will in emptying out the contents of the house before the 5 beneficiaries could have their choice of items from the house. So in that regard the solicitor breached his professional duty as a solicitor and he can be called to account by the Legal Ombudsman. Go to www.legalombudsman.org.uk where you will find details of how to make a complaint. Be aware that you first have to give the solicitor concerned an opportunity to deal with your complaint before you take the matter to the Legal Ombudsman. So write a letter of complaint to the solicitor and seek recompense for what happened. If you do not get a satisfactory response, make a complaint to the Legal Ombudsman.

Buachaill, Barrister
Category: Law
Satisfied Customers: 10628
Experience: Barrister 17 years experience
Buachaill and other Law Specialists are ready to help you
Expert:  Clare replied 3 years ago.
HiWhilst you do indeed have a good cause for complaint do NOT refer to any "Will Reading" In fact there is no requirement for a Will reading and the solicitor did nothing wrong at that stage (just with the Will and the contents)Clare