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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 35275
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am currently an administrator of an estate where the

Customer Question

I am currently an administrator of an estate where the person died intestate. The other administrator engaged a no win no fee solicitor to gain compensation for the death of the person. Death was caused by medical negligence. The case is near conclusion. I am very unhappy with the law firm used, the other administrator is not. The other administrator and myself are not on good terms. I am not being provided with all of the evidence, the other administrator seems to be, what can I do, the solicitor tells me I cannot engage another solicitor in this case.
Submitted: 3 months ago.
Category: Law
Expert:  Clare replied 3 months ago.

My name is Clare

I shall do my best to help you but I need some further information first

Have you obtained Letters of Administration?

What is your concern with the actions of the law firm?

Customer: replied 3 months ago.
Hi I sent the phone request as it is quite complicated. If this is not possible then I will request refund tonight. Thanks
Expert:  Clare replied 3 months ago.

It would be easier if you could give me an outline first

Customer: replied 2 months ago.
Private and confidential please do not allow this to be viewed by othersLetters of admin have been out for a year my sister and I are joint admin. We don't get on as my sister believes I should not own half the house that I purchased with my parents 30 years ago. She has tried everything to change this including acting illegally by forging documents to become sole admin which we successfully over turned and had revoked. Unfortunately she was able to change the title deeds. Now she continuously delays the sale of the house. Mum had a stroke in 2010 due to the actions of my brother who lives in the house that mum and I own. In hospital she fell from a trolley and eventually died in 2014. My sister the other admin wanted compensation and engaged a no win no fee firm (one of the bigger ones) after mum died the pay outs diminished so no win no fee firm went to external counsel. Though it wasn't for this reason so they say. External counsel came back with a potential dependency claim for brother who paid money for keep. Mum and I paid mortgage. I was told by no win no fee solicitor that If I did not persue this then brother would have a claim against the estate. Also brothers claim would not go through admin or estate but would be paid to him separately but would have to be lumped together with main claim or it would work against us.
My siblings have lied in their evidence ad the solicitor is not keeping me in the loop. Should we be able to decouple the claim of it is not being handled through the estate.? Why can't my brother make his own claim? Can I testify against this part of the claim by contacting the other side? I think the solicitor has a conflict of interest clearly they have been working on this for many years and need to get as much out of it as they can. I feel my family are also acting incorrectly by giving false information. I want no part of it. What can I do? They have also told me I am not allowed to seek advice from another solicitor.
Expert:  Clare replied 2 months ago.

I am afraid that it is only the Estate that can make the claim - no one else

Also so far as your brother's part of the claim is concerned the Solicitor was correct - they cannot be dealt with separately - although I suspect it is a very slender claim at best.

It is also true that your brother had a potential claim on the estate - but again not a major one

You are right to have concerns about any falsehoods told by your siblings.

You should write to the solicitors detailing these clearly and remind them that they are under a duty to the court to address the issues

I hope that this is of assistance - please ask if you need further details

Customer: replied 2 months ago.
Thank you can I give evidence against my brother? The solicitor seems hell bent on persuing this. If not directly can I refuse to sign the documents? The solicitor that we are using has acted very irresponsibly in my opinion, causing lots of friction between my sister the other administrator. For example she openly said that I had a problem with my brother which I raised and she apologised. I am going to complain to the ombusdman, will this cause any problems such as the solicitor not being able to act for me?
Expert:  Clare replied 2 months ago.

It would be unwise to refuse to sign as it is against the interests of the estate and could be a cause for you being removed as Executor

You are free to complain to the Ombudsman although it would be better to wait until matters are concluded

Customer: replied 2 months ago.
The point I am making is that the statements made are incorrect. I will not put my name to false statements. The solicitor is not listening to me. I think the solicitor and my sister have no sense what is right whatsoever and I would like to know what I can do about it. From what you have advised it is very little. Which does not seem right.
Expert:  Clare replied 2 months ago.

If you are asked to sign paperwork that says it is a "statement of truth" then yes you can refuse to sign

Customer: replied 2 months ago.
Thank you and can I give evidence against my brothers occupation of the property?
Expert:  Clare replied 2 months ago.

It would be unwise to do that

Customer: replied 2 months ago.
I do not understand please can you explain why not?
Expert:  Clare replied 2 months ago.

For the same reason as given above

it is against the interests of the estate and could be a cause for you being removed as Executor

I am sorry that you feel my service was bad, and that I was not able to give you the answer that you wished, but unless you withdraw as an Executor then you do have to be careful about your actions