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SolicitorRM, Solicitor
Category: Property Law
Satisfied Customers: 5218
Experience:  Director and Principal Solicitor. UK
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What checks are required by a solicitor for placing a death

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What checks are required by a solicitor for placing a death notice for the estate:So a death notice was placed but I am trying to find what is the checks the solicitor would conduct before placing the notice:1) how does the firm know their client is authorized to place the notice2) how does the firm know that only their client only is to receive information about the estate and is not supposed to share the information with the benefices or executorsThis is just the initial set of actions the client did with this set of solicitors to create a number of deceptions against the estate. and I am going through each set of actions taken by each solicitors, with that I would want to know what "due Dilligence" the solicitor firm should conduct

Good evening, thank you for your question. at (2) you may have to explain what you mean, is the client someone other than an executor or a beneficiary?

Kind regards

Marian

Customer: replied 14 days ago.
if i go to a solicitor to put a death notice on a person, what checks are required by the firm before they put the noticehow does the firm know I have the authority to do so?

Hi, they do not have to make checks, the death of a person is public record, if a person wishes a public notice to be advertised then yes, there are no confidentiality issues.

Why are you upset about something?

Customer: replied 13 days ago.
sorry i dont mean the obituraryi mean the gazette notice: Notice is hereby given pursuant to section 27 (Deceased Estates) of the Trustee Act 1925
Customer: replied 13 days ago.
https://www.thegazette.co.uk/notice/3592721

Yes, that is what I mean. Anyone can place this public notice.

What are your concerns?

Customer: replied 13 days ago.
that means legally i am allowed to obtain information about the debts of any person who dies, this would enable me to have access to account details, and I do not have to share any of the information that I obtained with the benificers of the estate. i can instruct my solicitor that I do not give authorization for the information to be shared.legally the solicitor is under no obligation to check, or has no duty of care to the estate, since the estate is not paying him.I just want to make sure as far as the law is concerned and as far as the sra is concerned this is entirely acceptable

No, not necessarily, are you an executor or a beneficiary or both? Placing an advert doesn't give access to any private information, how would it?

If a person instructs a solicitor to place an advertisement and obtains any responses then any person can do that.

I don't understand what has happened I'm afraid, you will have to let me know.

Customer: replied 13 days ago.
placing the notice instructs all to send information about potential debts on the estate to the address listed on the notice. this then gives the person account information, and you are saying the solicitor has no checks that they need to perform.if there are checks the solicitor should perform before placing this notice what would they beif none then as you have said legally anyone can place this type of notice to obtain account information
which somehow does not seem correct, but then if the law says solicitors do not have a duty of care to the estate
then legally you are saying this course of action is legally valid

the solicitor is not obliged to make checks, this is standard procedure when someone dies.

The advert would not reveal account information, do you mean bank account information?

The Notices simply ask anyone with a claim against the estate to contact the nominated person. Where would account details be revealed?

So, illegitimate children? Large debtors unlikely.

Solicitors do not have a duty of care to the estate, only executors have that duty.

Again it would be helpful to know what your concerns arise from?

Customer: replied 13 days ago.
1) how does the solicitor know they are the nominated person for the account
2) when a debt is claimed they would need to provide account informationnow since the solicitor does need to provide any checks then this is perfectly legal for the solicitor to do
Customer: replied 13 days ago.
i mean the nominated person for the estate
Customer: replied 13 days ago.
like you have said since solicitors do not need to check if the person giving the notice has authorization for the estate, then the solicitor is acting legally in obtaining information for the estate
Customer: replied 13 days ago.
even though information sent to the nominated person has not been given authorization from all the befiniersices or all executers of the estate

Usually the person instructing solicitors in the estate will be an executor. The Will states that they are, or the family information.

You need to explain what has happened otherwise we will spend several hours of 'what if'

Customer: replied 13 days ago.
wouldn't the solicitor need to check the will or they are a family member. you saying they don't, which then means anyone can send out a notice on a person whether they are related or executer and obtain information, they instruct a solicitor because then that gives the perception to all concerned that the person nominated in the notice has been validated or at least checked by the solicitor.the issue is the solicitor has sent the notice, I have asked for the information and they have said their client has not given them authorization to do so.
now I am like how on earth can you do that if the solicitor has not done any checks if the person the notice has the authorizationwe are taking the person to high court anyway, but I have an issue with this solicitor
because if they ran basic checks we would of been able to resolve many issues, saved thousands of pounds and lots of time. so I did believe that a sra solicitor had a duty of care not to deceive, and if they do not know the person on the notice is authorised to act on the estate then they have been a party to the deception
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find continuing a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 12 days ago.
I will wait thanks

Good Morning, thank you for your patience. I am a solicitor in England wnd Wales and I have been asked to respond to you as the other expert is no longer assisting. I have considered your question as a fresh question to not have the discussion you had earlier influence my guidance. When any client appointments a solicitor for any action, the solicitor must conduct due diligence and this involves checking the client’s identity, conducting Money laundering checks, checking that the client has the mental capacity to give instructions and that they indeed have personal knowledge of the instructions they give. Giving notice In the Gazette entails knowing the details of the deceased and his/her estate well. As such a solicitor being retained to give the public notice will want to know that the person giving notice is either an executor (if there is a Will), an administrator (if they died intestate), an identified beneficiary under a Will a potential beneficiary of intestate. A solicitor would not take instructions from a complete stranger who would have no knowledge of the deceased and estate enough to provide all the details necessary for the notice. There will be the situations where a deceased knows nobody and they were destitute and in that case a concerned neighbour or random person may give notice. Amy clarification please do not hesitate to send your follow up question, I am glad to guide you further. All the best.

Customer: replied 11 days ago.
On due dilligence for checks when someone dies
On the government site it says
To 1st check if there is a will
It list some basic check like Asking the family like the deceased children,Now I would assume that due diligence would at least cover this cover wether the solicitor checked for a willIf the solicitor had checked then many tens of thousands of pounds and many months would of been savedThe client is being taken to the high court for a number of issuesBut I do feel that the solicitor bares responsibility because if they did the basic checks then a lot of issues would of been resolved and we most likely not be in court

Hi, if you can explain who the client is and what are they being taken to court for then I may be able to guide you specifically on your facts as opposed to generally. As this does not appear to be a hypothetical question it’s best to say what happened and I can give you the direct answer on whether I feel the solicitor may have been negligent

Customer: replied 11 days ago.
This is a very convoluted case, mainly due to the clients' actions and the different solicitors he has engaged with to act on the estate. The Case at the high court is not directly to do with the issue I bring up here, but it does have relevance. Assuming that case is successful I move a major step closer to having the entire situation resolved.
At the same time the client instructed this solicitor, the deceased funeral ceremonies were being concluded.The client also engages a different solicitor (solicitor B) who was writing aggressive legal letters making various legal claims over the estate. Solicitor B never informs the estate that their client has taken the action to place the notice. In fact Solicitor B states that before any actions are taken if there is no will there must be agreement amongst all the beneficiaries 1st or this will need to be sorted out via court order.Solicitor A) before they placed the notice if they had asked their client if there is a "will", and has he asked the other benerficeries, then a lot of subsequent set of actions would not of occurred.
If they did ask and the client mis-lead them then that is a different matter.It should be noted, 5 days before the deceased had died, solicitor B, stated the client was the co-executer of the estate.At the time of sending this notice, the client has claimed he was under the impression that their was no will and made attempts to administer the estateOne of the reasons I believe the client changed his position on the will, is that under the will I am bequeathed the majority share of the estate (40%), but if he states there is no will then the estate is shared amongst 4 siblings equally. and I suffer a loss of 15%.at no point did solicitor B or the client or Solicitor A inform any benificery or executors (named in the will) that they had taken these actions.I have asked Solicitor A) already to release all informaiton related to the estate, but I have been informed that they are not allowed to because the client has not given his authorization to do so.
So I have asked the solicitor what checks did you perform to make sure your client had the appropriate authority to place the notice and hold information about the from the benerficiries of the estate?To at which point I have hit a brick wall.So on my part I am trying to establish does an SRA solicitor need to run due diligence checks on whether the client can place the notice, and hold informaiton on the estate without releasing it to all benificeries. Because I believe if they did run those checks, or at least if they confirm that their client provided them with the appropriate documentation, then I know if this is an issue of a solicititor that was lied to by the client, or if this is a solicitor being complacient in their clients decption.I thought it was a general ethical practice / professional courtesy that solicitors representing the same client would at least inform each other. But this solicitor has claimed that they have no knowledge of any other solicitor for the client. I mean wouldn't you at least ask?

Good afternoon thank you very much for your detailed information. Ultimately both solicitors only owe their duty of care to their clients so unfortunately the information you are asking they have no professional or legal obligation to disclose. All solicitors we are bound by the code of conduct and we must conduct due diligence with each new instruction. Each firm has its own criteria for what satisfies their obligation and unless you are the client they will not tell you what checks they made and you cannot sue them gif negligence because they were retained by somebody else. Your focus perhaps should have been to get that person removed as executor on the basis they do not have the estate best interests to heart and appear to be doing what benefits them individually and not honouring the deceased’s wishes. All the best.

SolicitorRM, Solicitor
Category: Property Law
Satisfied Customers: 5218
Experience: Director and Principal Solicitor. UK
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Customer: replied 11 days ago.
That is part of the case at high court against the clientJust a quick claification
If the solicitor is negligent and
That causes harm to someone else other then their clientThen you are saying there is no recourse for the other person to the solicitor?I am ok if that’s the case, just want to be sure.