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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Type your legal question here Mother in law will identified

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Type your legal question here Mother in law will identified a particular solicitor as executor with my husband as sole beneficiary but we are finding that the solicitor is not keeping us in the loop and does not respond to letter. Are we able to sack him and get probate our selves.
Jo C.
Hi.

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

Has your husband raised this with the solicitor please?
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Customer: replied 4 years ago.

We are considering writing to him but the previous 3 letters have remained unacknowledged. We have met with him once but this was only at my instance and since then he has not sent promised information.

Thanks.

This is obviously something that will have to be dealt with by your husband because he is the only person with any interest in the estate of his late mother.

Probably the biggest complaint ever levelled solicitors is the lack of communication or poor communication

He should write one more letter to the firm’s Complaints Partner stating that unless he gets replies to the three previous letters and to any other points he wishes to make, he will refer the matter to the Solicitors Regulation Authority as a breach of service. Head the letter Formal Complaint. If he rings the firm’s reception, they will tell in the name of the firm’s Complaints Partner although it should be contained in the initial letter he got from the solicitor.

He can threaten an application to court to remove the solicitor and have the solicitor replaced as executor but unless the solicitor has done something fundamentally wrong, that is unlikely to succeed. Applications to remove executors are extremely complicated and not for the fainthearted or inexperienced. There are considerable financial risks involved and therefore at this stage, I would deal with it as a formal complaint as I outlined earlier.

Can I clarify anything for you?

Jo
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Customer: replied 4 years ago.

For JO C


 


Re previous question relating to mother in laws will on 17.3.2014. Could you tell me once probate is granted is that the end of the solicitors involvement

Not usually. The solicitor deals with distribution of assets also.
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