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SolicitorRM, Solicitor
Category: Law
Satisfied Customers: 6000
Experience:  Director and Principal Solicitor. UK
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We sold & completed for our house on 30 September where

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We sold & completed for our house on 30 September where residual equity is around £130K, solicitor has cleared outstanding Land Charges entries all bar 1 which is basically a family matter. We have applied for Grant of Probate for the £50K involved. Solicitor is very reluctant to release money to us and has said that ' the money is not yours'. They have made token payments to us totalling £15K. Their quiality of service has been very poor, How can we get access to our money quicker?
JA: Where are you? It matters because laws vary by location.
Customer: Herefordshire
JA: What steps have you taken so far?
Customer: Phone calls, emails & letters. Latest email indicated that matter would be referred to the Law Society.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I think that is it

Good day welcome to Just Answer.

I am a solicitor and It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position

Please note that although I can guide you just answer does not provide legal representation and as such no solicitor/client relationship is formed

Customer: replied 14 days ago.

I may not respond immediately as I am in court. I will review the document once done. Rest assured I will do it today

Thank you for your patience. I am not sure what the solicitor means by saying the money is not yours. I assume from your information that you have grant of probate and you are the beneficiaries. Not knowing what the family charge is that you referred to, if it is not valued to the equivalent of the money they refuse to release then you ought to threaten reporting them to the legal ombudsman for holding on to the money unreasonably to the detriment of the beneficiaries. They will not want this but this is the only free route for you.

Any follow up please do not hesitate to send your message, I am glad to guide you further or to clarify anything. Thank you for contacting just answer. All the best.

Customer: replied 14 days ago.
The latest message from them states that until entries are cleared from the Land charges Registry they cannot go further. The parties concerned have confirmed to the solicitors that the entries are being removed, but apparently hat is not enough. The family entry is by way of an equitable charge for £50K and was to protect money invested my mother in law (now deceased) in the purchase. She gifted this to our son by way of deed of gift.

Thank you for your prompt response. The issue with that is if your son or you were to claim that the £50K has not been discharged then the solicitors will be personally liable for having released the money without clear assurance there was no longer a charge against the property.

Customer: replied 14 days ago.
What we have in mind is allowing them to 'control' the £50K until the Grant of Probate in favour of my wife / son's mother - when under the terms of mother in law's will Nadine will become executrix and sole beneficiary and she could then pass the £50K to our son and clear the charge against the property. Does that sound reasonable?

If there is more than £50K and they can hold onto that then yes that would be reasonable.

Customer: replied 13 days ago.
Thank you for that, we will now see how our solicitor reacts. This is an extract from his latest message which seems strange and surley he can check the Registry for entries.
'Further to your request for a further £5,000.00 we cannot check with the Land Registry to ensure that all of the entries other than those protecting Mrs Basher’s estate, have yet been removed although we have had confirmation that they are in the process of being removed.'

You are welcome and you are right, that is very strange indeed, they could do their own checks and seems petty that they give such a laughable excuse.

Have a restful weekend.

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