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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10536
Experience:  Barrister 17 years experience
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Four siblings were in dispute jointly with two other

Resolved Question:

Hi four siblings were in dispute jointly with two other siblings, who are named executors of our mothers will.
We had a solicitor dealing with this but one of the siblings decided not to proceed with the case & dropped out.
Our mother died Jan 2010 and as yet the executors not distributed our share of the money in the will. Our current solicitor says that he will not continue with case unless he has unanimous decision from all four of us. Now we are in limbo, grant of probate was only obtained June this year, can you please advice how best to proceed with this as we four are the beneficiaries in the will. The executors, one was gifted the house? The other executor has been given substantial amount in cash. Your advice will be much appreciated. My name is Maurice
Submitted: 10 months ago.
Category: Law
Expert:  Buachaill replied 10 months ago.

1. Dear Maurice, I would not let your solicitor's opinion requiring that all four of you agree, stop you from taking legal action. The three remaining siblings should simply go and get a different solicitor. Don't let the solicitor put the dead hand on you taking legal action. This is unprofessional conduct on the part of the solicitor. Ultimately, you cannot account for one of your siblings behaving irrationally and being fearful of an action under the 1975 Act, after time has elapsed.

Expert:  Buachaill replied 10 months ago.

2. You should essentially seek to have the executors removed after such a long period of inactivity and the failure to administer the estate in such a long time. Additionally, you should seek other relief. However, unless you go forward with legal action, you will not resolve the impasse.

Expert:  Buachaill replied 10 months ago.

3. Please Accept or Rate the answer as unless you do so, your Expert will not receive payment for answering your question.

Customer: replied 10 months ago.
We have jointly incurred costs already as this has been going on for over 2 yrs now and non of us have the money to pay the costs so far we were relying on settlement so that we could pay our solicitors cost, we just don't know which way to turn for help in this matter. Current solicitor was dealing with us on "no win no fee" basis, so where do we stand as the solicitor won't proceed with the case due to one of the siblings pulling out.
Expert:  Buachaill replied 10 months ago.

4. There is the possibility that you can get a new solicitor to work for you on a "no win no fee" basis. Essentially, the agreement by the solicitor to act "no win no fee" has been terminated by the solicitor's refusal to continue to act. So, get a different solicitor who will act for the three of you on the same basis.

Customer: replied 10 months ago.
Can current solicitor demand payment from us? since he is not willing to continue to deal for 3 of us on this case.
Expert:  Buachaill replied 10 months ago.

5. The current solicitor can charge you for the actual work done. Not the contingency fee. Only for what work, itemised, that he carried out on behalf of the four of you. However, you should negotiate with him. Once he realises that three of you are determined to go to a different solicitor he will likely change his attitude.

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