Probate solicitor problem

[TawnyOwl]

Please can somebody give myself some advice. I am a residuary beneficiary and I am dealing with an uncooperative executor, all my efforts to communicate with the executor have been totally stonewalled. I have now been sent unacceptable final estate accounts, I decided to get advice from a contentious probate solicitor, the solicitor advised myself that the accounts that I was sent were totally inadequate, however the solicitors quote to act on my behalf was an eye watering sum, therefore I took the decision to write to the executor myself to give him a date for him to send me properly administered accounts as this is my legal right. I told the executor in the letter that a contentious probate solicitor had looked at what I received and if the executor did not send myself properly administered accounts I would then instruct this particular solicitor to apply to the probate registry for an account and inventory. I also wrote to the solicitor explaining the same and told the solicitor that in failure to receiving the requested documentation from the executor I would then instruct him to go ahead and start legal proceedings against the executor. The solicitor replied and said that he would " wait for my further instructions" Today, I have received correspondence from the probate solicitor that I initially contacted for advice., To my bemusement the solicitor told me that the executor had contacted him via phone and also by letter 10 days ago. The solicitor also informed myself that the executor had now sent the full administration documents directly to him. The solicitor now wants me to sign his terms and conditions and pay his bill in order for me to receive the documentation from him, as he stated that he has already spent quite a lot of time on this. The solicitor also mentioned the time spent dealing with the executor and telephone attendance directly with the executor, so it appears that i am being billed for the executors time as well!!!. I have never instructed the solicitor to deal with the executor, and I have still to date NEVER instructed him or engaged in his services. . I wrote to the executor myself and asked him to send me the requested documentation, because I have not got the finances. On a legal standing, what is my position here ?? It is now going to have to me cost thousands of pounds for myself to get the documentation off a solicitor that I have never instructed.

[des8]

Before a solicitor starts to act on a client's behalf he should send out what is known as a “client care letter”.
This document sets out the contract between the solicitor and the client, defining the work to be done and how this is to be paid for.
Only when the client has agreed to this contract, usually in writing, is the solicitor said to have been instructed.

If this process has not been followed write to that solicitor telling him he had not been instructed, and he himself had confirmed he was awaiting your further instructions. You never gave him those instructions.
If the executor sent the solicitor certain documents, that was not on your instructions and he the solicitor should not have assumed it was.

You will also need to write to the executor telling him the solicitor had not been instructed by you, and that you still require him to send you the documents.

[TawnyOwl]

Hello Des8, I just want to say a very, very big "Thank you" for your most helpful advice. Thank you again, much appreciated.

[TawnyOwl]

I would be extremely grateful of some further advise, as the advise I was given on 15^th January has proven to be in valuable, totally brilliant. Thank you. On that given advise I have now contacted both solicitor and executor. Today I have received an email from the solicitor, he has noted that I did not instruct him and it must have been a case of crossed wires! He also said that he invited for the papers to be sent to himself from the executor.. Today the executor has also received his letter from myself requesting for him to re send the documentation to myself. Today, on the executor receiving my letter he contacted the solicitor . The executor has said to the solicitor “ I have sent you copies of all the estate finances as agreed and discussed. I have nothing more to send. Can you please ask the beneficiary [ this being myself ] to sign off the concluding documents, I can then send the remaining share of funds”. With the solicitor receiving this message from the executor, the solicitor has now emailed myself and said “ would you like me to send all of the paperwork received by post so that you can respond to the same as you see fit?” I am not sure what the solicitor is actually asking myself in legal terms? I really would like for the solicitor to send the documents to myself, as I am concerned that if they are returned back to the executor then the executor might not feel inclined to send them onto myself and stonewall my request, as he has done many times before. If I agree for the solicitor via email to send me the paperwork that he is holding on behalf of the executor, how do I word it in my reply to the solicitor, so that he cannot claim that it was an instruction from myself and therefore try to charge myself for this service.?

Thank you again , really do appreciate your help and advise given.

[des8]

I can't think why the solicitor hasn't just said "sorry, I'll send on these papers" unless he hopes somehow to make a charge.
You could reply saying it would be a good idea, but he should not interpret your agreement as being any instruction to act on your behalf.

I would also be inclined to write back to the executor politely reminding him that you had not told him, the executor, that a solicitor had been instructed and as such he should not have sent the papers to the solicitor without first confirming with you.
You now require the executor send you the papers.

No harm in having two copies..

[TawnyOwl]

Hello DES8, It shows that you have replied to my thread at 19.57pm, but unfortunately nothing has come through for me to read on my thread? It may be a computer glitch, I am not sure? However, if you have replied to my last question, I would be extremely grateful if you could re post your reply, as I really do appreciate your advise. Many Thanks.

[des8]

I tried 4 times but I had a notice saying the reply was classed as spam and has to be cleared by Mods.
Have also queried this with Mods

[des8]

OK that went so I'll try again!

I am surprised the solicitor didn't just forward the papers with an apology.
You could just reply agreeing to his suggestion to forward the documents, but add that your agreement is not to be taken as giving him instructions.

You could also write to executor telling him he should not have assumed you had instructed the solicitor without first confirming it directly with you.
You now require he sends you the documents

Two copies won't hurt

[TawnyOwl]

Hello Des8. Thank you for persevering and more importantly " thank you" for your reply. I will now contact both executor and solicitor tomorrow, especially now feeling confident that you have furnished myself with your invaluable advise. Thank you again, much appreciated.