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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70193
Experience:  Over 5 years in practice
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MY MOTHERS EXECUTOR/SOLICITOR APPEARS NOT TO HAVE COMPLETED

Resolved Question:

MY MOTHERS EXECUTOR/SOLICITOR APPEARS NOT TO HAVE COMPLETED THE TRANSFER OF LAND TO MY THREE BROTHERS, WHICH SHE DID MORE THAN 7 YEARS BEFORE HER DEATH. I WAS PRESENT WHEN THIS WAS DONE. I HAVE ASKED FOR THE FILE WITH THE INFORMATION IN AND HE HAS GIVEN ME 3 DIFFERENT EXCUSES TO DATE FOR NOT DOING THE TRANSFER. HE NOW IMPLIES HE NO LONGER HAS THE PAPERWORK. I HAVE A DOCUMENT FROM A FINANCIAL PLANNING COMPANY THAT STATES HE IS TRANSFERRING THE LAND. HE HAS TOLD MY THREE BROTHERS THAT HE WAS NEVER INSTRUCTED BY MY MOTHER TO TRANSFER ANY LAND, YET HIS NAME IS***** FOLDER AS DOING IT JONATHAN THE FINANCIAL GUY WAS SENT TO SEE MY MOTHER BY THIS SOLICITOR.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Hi.

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

Has the solicitor agreed to resolve this?

If there has been any loss as a result of the delay by the solicitor then the beneficiaries have a negligence claim to bring against the solicitor. If that is the case, then the solicitor should refer this to another firm of solicitors to resolve because there is then a conflict of interest between him getting the job done at the least cost to him and any interest which the beneficiaries have.

If there is no loss to the beneficiaries because they haven’t wanted to do anything in the meantime and this is only just come to light, then the solicitor should be able to deal with this in a relatively straightforward manner.

If you no longer has the file because he only has to keep the 6 years there is still an indemnity claim potential. Few solicitors actually dispose of a file immediately after six years so he may have realised his mistake and is now being less than truthful. The chance of proving that is remote but it is a possibility.

All a solicitor needs to do is to contact the probate registry and get a copy of the grant of probate with the will attached and then do the transfer. The whole thing should be completed in probably 10 days.

If you feel that you would rather go to another solicitor, that might be a good idea because the other solicitor will then be in a position to decide whether it’s worthwhile you bring a negligence claim against the earlier solicitor. Although there is a six-year time limit under the Limitation Act for bringing a negligence claim, that six years runs from the date of knowledge of the negligence which is obviously now.

Can I clarify anything for you?

Customer: replied 2 years ago.

THE IHT DUE ON MY MOTHERS ESTATE IS SOME £120,000 MORE THAN IT WOULD HAVE BEEN IF THIS TRANSFER HAD TAKEN PLACE. HE DOES NOT APPEAR TO REMEMBER THAT I WAS THERE WHEN MY MOTHER TRANSFERRED THE LAND AND KEEPS FOBBING ME OFF AND GIVING ME EXCUSES(3 TODATE ALL DIFFERENT). HE HAS TOLD MY 3 BROTHERS THAT HE WAS NEVER INSTRUCTED BY MY MOTHER TO TRANSFER ANY LANE TO THEM. MY HUSBAND KNOW SHE DID IT AND A COUPLE OF HER FRIENDS ALSO.

Expert:  Jo C. replied 2 years ago.
Thank you for the extra information. It doesn't change my answer.
If he was instructed to deal with probate that would include transferring the property into the names of the beneficiaries or selling it or generally dealing with it in accordance with the will.
It is the instruction in the will which dictates what happens to the property.
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