How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Buachaill Your Own Question

Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10268
Experience:  Barrister 17 years experience
53108719
Type Your Law Question Here...
Buachaill is online now

I hope you can answer my question. In 2012 my Sister died,

Resolved Question:

Good evening,
I hope you can answer my question. In 2012 my Sister died, she left a house among other things to another sister and myself, I acted as administrator. Deed of probate was granted June 2014. Financed were devided equally and we paid CAP tax. I was told that all aspects of my late sisters will were now closed. Recently I have discovered that the house is still in my late sisters name and not in the names of my living sister and myself. My question, should the solicitor who dealt with my late sisters will have transferred title to reflect the new owners or is that another transaction. Many thanks
Submitted: 4 months ago.
Category: Law
Expert:  Buachaill replied 4 months ago.

1. There clearly has been a serious default on the part of the solicitor who acted for the estate and you as administrator in dealing with the affairs of your late sister. In essence, the solicitor should have conveyed the house, which was left to yourself and another sister to you. This was laid down in the terms of the will and it should have been attended to by the solicitor.

Expert:  Buachaill replied 4 months ago.

2. The failure to convey the house into the names of yourself and your sister constitutes professional negligence and you have a cause of action as administrator against the solicitor who failed to carry this out. So, you can sue the solicitor for the costs of now conveying the property into your joint names.

Expert:  Buachaill replied 4 months ago.

3. What you should do now, is to see a new solicitor who will convey the property into the names of yoruself and your sister. this solicitor should also formally write a letter before action to the original solicitor calling upon him to compensate you, as administrator and you and your sister as beneficiaries for the professional negligence. You should also get the original client file as administrator from the solicitor and get the new solicitor to check was the rest of the work properly carried out as well. It is likely there may be more errors.

Expert:  Buachaill replied 4 months ago.

4. Ultimately, whatever it costs to put right the negligence and default of the solicitor who acted for the estate can be recovered from that solicitor's policy of professional insurance. All solicitors must carry professional indemnity insurance in order to practice. So you will get an indemnity for what has occurred.

Expert:  Buachaill replied 4 months ago.

5. Dear Sheila, Please Rate the answer as unless you Rate the answer your Expert will receive no payment for answering your question.

Buachaill, Barrister
Category: Law
Satisfied Customers: 10268
Experience: Barrister 17 years experience
Buachaill and 4 other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice