Beware of lawyers handling your estate
QMY mother died in 2013. Her will divided her estate between her four children (including me). The will was drawn up in 1997 by a solicitor who soon after retired. His firm was taken over by another which provided the will’s sole executor, who paid herself £6,000 plus VAT (£7,200). We were not told of this. But then her firm collapsed.
She found other legal work and took our files with her. But she is not allowed to handle client money. It appears now she has hired the leading partner in the new firm to finish the work. He has somehow contrived to take another £10,000 from the estate and now charges £275 an hour. But he says we have no rights as his client is the other lawyer.
In the meantime, we have inheritance tax and capital gains tax problems while my mother’s home, which we need to sell, is not being maintained.
The Solicitors Regulatory Authority has not helped. We cannot fund private litigation. What should we do?
AEVERYONE with assets to pass on should make a will. It saves the many problems of intestacy (dying without a will) and allows the will maker to set out their wishes.
Be careful of naming executors. Professionals such as lawyers or banks can charge what they like, perhaps excessive amounts. Family and friends cannot take fees. Lawyers often advertise free or low cost wills but write themselves in as executors knowing they can make big money later on. Refuse to do this – there are plenty of other will-writing services including charities.
If you have a will naming a bank or solicitor, tear it up and start again – even if the professional is still around. You should anyway revise wills often – family, friends and favoured charities can change.
Non-professionals can either carry out probate themselves (if it’s simple – there is online help) or appoint a fixed fee firm of probate lawyers (search Probate Brokers) to do the work for you. Which? Legal 0117 405 4283 – has a probate helpline. In your case, find a no win, no fee professional negligence solicitor to act for you – your problem is complex but your present lawyers may think twice when they see expertise on your side. A successful action would see your current probate team (or their insurers) having to fork out for