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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33325
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Can a solicitor have a lein over a deceased person

Customer Question

Can a solicitor have a lein over a deceased person
Submitted: 11 months ago.
Category: Law
Expert:  Clare replied 11 months ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstCould you explain a little more about the situation please
Customer: replied 11 months ago.
My late fathers will was left with a solicitor for safe keeping he didn't make out the will. Prior to my fathers death the solicitor had done some work for him but had got pai
Customer: replied 11 months ago.
He also paid a barrister after being instructed not to do so which was in dispute prior to the death
Customer: replied 11 months ago.
My network went down are you still on line
Expert:  Clare replied 11 months ago.
Hi
So the solicitor is withholding the Will until the bill is paid is that correct?
Clare
Customer: replied 11 months ago.
Yes that is correct
Expert:  Clare replied 11 months ago.
Out of interest - have they said who do they expect to pay the bill - given that nothing can be done with the estate until Probate has been granted?
Customer: replied 11 months ago.
They are looking me to pay for it
Customer: replied 11 months ago.
Also due to him holding the will a planning application has lapsed on a mobile phone mast site and we have lost50,000 over the head of it
Expert:  Clare replied 11 months ago.
Hi
May I ask when your father died?
Clare
Customer: replied 11 months ago.
My father is dead about 15 weeks
Expert:  Clare replied 11 months ago.
Hi
I suggest that you write to the Solicitors and remind them that this is a debt of the Estate; and that the Estate cannot pay this debt until Probate has been obtained and that cannot be obtained unless the Will is released.
You may also wish to refer them to this page
http://communities.lawsociety.org.uk/private-client/news-and-updates/private-client-section-commentary/faq-lien-on-a-will/5049882.article
I appreciate that you are in Northern Ireland - but the same principle applies
Please ask if you need further details
Clare

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