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Buachaill, Barrister
Category: Law
Satisfied Customers: 10976
Experience:  Barrister 17 years experience
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I hope you can answer my question. In 2012 my Sister died,

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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

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.

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.

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.

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.

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

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