Conflict of interest????

[jody84]

I phoned and asked the solicitor for a copy of my mother's will, so I can apply for double probate.
The solicitor response shocked me. "We can't as it's a conflict of interest, as we are your sister's solicitor", my sister being the other executor, and this solicitor has applied for probate on her behalf).
I was then told I'd have to send a letter asking for a copy of the will.
I fail to see how there is any conflict of interest. My mother deposited her will with this solicitor, and surely they have to give me a copy of the will, don't they?
Any advice would be greatly appreciated.
Thanks in advance.

[Kati]

tagging Peridot enaid xx

[des8]

If the will names a single person as executor, that person applies for probate
.
If the will names two or more persons as executors those persons (up to four in number) apply for probate.
If only one of those persons applies for letters of administration the others should be given notice.
These can then either opt out or have "Power Reserved"
The Grant of Probate issued by the Probate Court will state the name of the acting Executor or Executors but will note that power has been reserved to another Executor who is not named on the Grant.

If the will does not appoint executors there is a strict hierarchy of those who can be appointed.
The primary appointee is the residuary beneficiary.

There is no requirement for the solicitor to give you a copy of the will unless you are an executor.
Once probate has been granted you will be able to obtain a copy from https://www.gov.uk/search-will-probate

you state " my sister being the other executor". Have you seen the will and know you are named as an executor?

[jody84]

Hi there. Thanks for responding Yes. Both my sister and I were named as executors on my late mother's will

[des8]

If you are concerned that your sister will apply for probate without advising you, you can lodge a caveat.
Details on procedure are here: https://formfinder.hmctsformfinder.j...uk/pa8-eng.pdf
This will prevent probate being granted until you lift the caveat.

You could also respond to that solicitor that whilst you appreciate he must act in accordance with his clients instructions,those instructions to deny you a copy of the will, and apply for probate without your knowledge are possibly unlawful and might be an offence under Sec 20 of the Theft Act 1968.
Also if she obtains a grant under those circumstances you will apply to have it set aside.or apply for double probate.

Tagging Peridot

[Peridot]

Hi Jody84,

I'm not sure why the solicitor is refusing to deal with you if you are also named as an executor?

As co-executor with your sister the solicitor should have only accepted instructions from both of you if the instruction is for them to deal on the executors behalf in relation to the estate administration.

Has there been any indication given by you previously that you wished to renounce your appointment, or that there is some issue with your sister that could be leading to a claim against the estate that she has instructed them on rather than acting as the executor.

Has a more recent Will been prepared that you were unaware of and which maybe no longer appoints you as an executor? Sorry too many questions but basically if you are an executor under the Will then there should not be a reason for you not to have sight of the same. You need to get the bottom of why the solicitor is refusing to act for the 'executors' if you are both appointed and if you are both named why they are refusing to allow you sight of the Will.

If probate has already been applied for do go and get a copy from the link Des8 has supplied at post #5 above. It may shed some light.