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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10401
Experience:  I have been practising for 30 years.
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I was released from bankruptcy in 2012. I have supplied all

Customer Question

I was released from bankruptcy in 2012. I have supplied all court paperwork and evidence of release without condition to a solicitor who refuses to treat me equally as (main) beneficiary, in fact he is ignoring legally binding documents and demanding personal information about myself and husband way out of his legal responsibilities ( my husband not a beneficiary) as he is the executor. He has stated that I am a "financial pariah" and he has "personal issues with me being a bankrupt" dispite this not being true I am not in bankruptcy. I do not see how he can discrimate against me in this way in the same way that being a woman, disabled, gay or if from an ethnic group descrimination is not acceptable particularly from a deputy district judge who shows such person bias. Please help me.
Submitted: 2 years ago.
Category: Law
Customer: replied 2 years ago.
this is descrimination and against my human rights. I am absolved in law, I am not wanting credit, I was left money by a close friend. I feel victimised by this solicitor who is abusing his position to attempt to intimadate myself and my husband on the grounds he has personal issues with my previous financial position his views are outdated. I have well documented evidence of his treatment of me as I have never actually spoken to him only ever emailed. Surly I have human rights to not be treated like this?
Expert:  F E Smith replied 2 years ago.
Is the solicitor and executor is the solicitor acting for the executor?When were you left this money?Was it before your bankruptcy or after?
Customer: replied 2 years ago.
Ian died November 2014 I was released from bankruptcy June 2012. I supplied all evidence upon Ians death to the solicitor firm who is also executor. There was an alleged outstanding loan of £15,000 which I explained was gifted, the solicitor accepted this. When I made a complaint of how the receptionist treated me the owner stepped in the executor and our email exchange started. He refused to acknowledge any information supplied by me and it transpired he had a legally binding document in his possession clearly stating from Ian upon his death the "loan" would be written off this is in addition to him never looking to recover the money as he had gifted it to me. He repeatedly asks me for information I've supplied, I have satisfied all legal requirements he has demanded my current financial situation and questioned my husbands work situation which is none of his business legally. He has threatened to disclose personal information and threatened he will search my husbands records. He won't answer questions and he has gone back on his word of making an interim payment to me on the basis he has personal issues with me "being a bankrupt" which I am not. He sends me irreverent information that does not apply to me as I'm not bankrupt or in bankruptcy and when I point this out he refuses to answer any questions. He has made me feel and made it clear he will not release the money left to me as I do not his his personal criteria and perhaps in his opinion I'm not worthy? It's out and out descrinination. I have reported him to the various professional bodies but as this discrimination is not race, colour, religion etc they say it's not recognised but all of those catogories were once not protected in law, didn't make it right needed people to stand up to bullies and biggots and people in power like this man.
Expert:  F E Smith replied 2 years ago.
The solicitor does not have to correspond with beneficiaries on a routine basis except with regard to distribution. The solicitor does not have to do answer your queries. If he doesn’t, it raises suspicion that he is doing something wrong however. He doesn’t even have to give you a copy of the will although once it’s admitted to probate, you can get a copy from the probate registry for £10.If you were released from bankruptcy in 2012 and this bequest was left to you after that date, in 2014, then the trustee in bankruptcy has no interest in it. There can be no allegation with a bequest on a death, that you were keeping this money back.What the solicitor seems to take objection to is the fact that you went bankrupt and your creditors lost out and now here you are inheriting a load of money. That’s not your fault, that’s the way the law works. He is just being awkward.If he is threatening to disclose personal information, then make a formal complaint to the Legal Ombudsman and the Solicitors Regulation Authority for conduct likely to bring the profession into disrepute, not discrimination. Ultimately, if all of this fails you are faced with making a court application to remove him as executor on the basis that he is failing to act in the best interest of the beneficiaries.Can I clarify anything for you?Please do not forget to rate the service positive. It’s an important part of the process by which experts get credit.Best wishesFES
Customer: replied 2 years ago.
This is about " distribution" it's about personal personal bias, decrimination and using his position to penalise me. You can not chose which parts of the law you want and ignore the rest? My current financial position is not his legal business. Ignoring legally binding contracts is not his legal right and using his position to question me is again not his entitlement to "single me out" to decrimiate against me. I would accept what you say if if wasn't for the way he has treated me. Isn't that the essence of being descriminated against?
Expert:  F E Smith replied 2 years ago.
I understand that you may feel that it’s discrimination but for legal purposes, it is not discrimination because it’s not any of the statutory grounds. You are right that your current financial position is not his business. It doesn’t matter whether you are destitute discharged bankrupt or a multimillionaire. You will left this money in the will and you are entitled to it. If he will not let you have it because he doesn’t think for some strange reason that it’s right for you to have it perhaps because of your previous bankruptcy, then you have no option but to take him to court or complain to his regulator. The problem that you may have had with your complaint in the past was that you were claiming discrimination and this is not discrimination. Best wishes
Customer: replied 2 years ago.
Your last answer did not make any sense?
Expert:  F E Smith replied 2 years ago.
What is it that does not make sense?
Customer: replied 2 years ago.
The full answer had not shown. But it is descrimination when a person states that they will not do something in this case follow the law because of a beleive or bias they have. That is the definition of descrimination this solicitor has put in writing he has a personal issue with me being a bankrupt substitute bankrupt with race, gender religion etc it's not acceptable. It's outdated and it is by definition descrimination it might not be in legislation but none of the protected catogories were at one time.