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So following on from an earlier thread, the obstructive co-executor had, earlier this year, decided they were going to renounce. We had a solicitor draw a form up for them, sent to his solicitor which they then duly sat on for 6 weeks before informing us he had 'changed his mind' and didn't want to renounce after all.
At the time the co-executor said they were going to renounce and were already in possession of the form to sign to do so, we went ahead and placed an ad in the Gazette.
Fast forward to today. Obviously they changed their mind on renouncing and they and their solicitor now want to also place an ad in a local paper. My understanding is that unless there is property involved (there isn't) then advertising in a local paper as well as the Gazette is not necessary. I strongly feel this is just another delaying tactic and a bid to run up an exorbitant solicitors bill which he is expecting the estate to cover the costs for.
We previously asked the co-exec to sign an indemnity form from the deceased's bank account to cover funeral costs etc. He refused to sign saying there was a funeral plan in place which there most definitely wasn't.
He and his solicitor have now accepted there wasn't a funeral plan in place and we are entitled to claim these costs back but his solicitor has said basically that unless we agree to the advert in a local paper they:-
"If we are really going to quibble about standard estate costs like this, I will be advising my client not to sign any paperwork releasing any funds "
This seems to me to be nothing short of blackmail - i.e agree to everything we ask even though it's not a legal necessity or you're never going to get any funds released.
Can a solicitor do this? Seems highly unethical to me. The tone of all their emails has been aggressive and argumentative. Anyone have any advice on how best to proceed?
At the time the co-executor said they were going to renounce and were already in possession of the form to sign to do so, we went ahead and placed an ad in the Gazette.
Fast forward to today. Obviously they changed their mind on renouncing and they and their solicitor now want to also place an ad in a local paper. My understanding is that unless there is property involved (there isn't) then advertising in a local paper as well as the Gazette is not necessary. I strongly feel this is just another delaying tactic and a bid to run up an exorbitant solicitors bill which he is expecting the estate to cover the costs for.
We previously asked the co-exec to sign an indemnity form from the deceased's bank account to cover funeral costs etc. He refused to sign saying there was a funeral plan in place which there most definitely wasn't.
He and his solicitor have now accepted there wasn't a funeral plan in place and we are entitled to claim these costs back but his solicitor has said basically that unless we agree to the advert in a local paper they:-
"If we are really going to quibble about standard estate costs like this, I will be advising my client not to sign any paperwork releasing any funds "
This seems to me to be nothing short of blackmail - i.e agree to everything we ask even though it's not a legal necessity or you're never going to get any funds released.
Can a solicitor do this? Seems highly unethical to me. The tone of all their emails has been aggressive and argumentative. Anyone have any advice on how best to proceed?
