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Advice on whether or not to make a complaint

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  • Advice on whether or not to make a complaint

    I wonder if somebody could advise on whether they feel I am in a position to make a complaint about a solicitor?
    My grandma died on the 20th September 2018.
    I had hoped, on my mother's behalf, that she would have been left something in my grandma's will, and therefore requested a copy. I received a copy of the grant of probate (dated Feb 2019) and the will. It transpired that my mother had been left £10,000 and I was one of four residuary beneficiaries. Totally unexpected.
    My mother and I had heard nothing about this. I therefore contacted the solicitor named on the will in August 2019. The solicitor is also my grandma's nephew and one of 2 executors of the will (the other is his sister).
    He replied a few days later to explain that, coincidentally, he had been winding up the estate and hoped to start contacting beneficiaries shortly.
    After a few emails back and forth, and my concerns and suspicions increasing, I contacted the solicitor in October 2019 to say that I would be asking my solicitor to contact him and also to request an inventory and account from the estate (which, after investigation, I understood I was entitled to). He immediately rang me to say my mother's £10,000 would be paid that day, together with £20,000 to me.
    The money was received and I emailed to thank him and also to say I looked forward to receiving a copy of the inventory and account.
    I know some people might think I should be just grateful for that money, and I truly am. However, it just feels like the solicitor hasn't acted in everybody's best interests and I feel suspicious of his behaviour.
    My solicitor wrote to him in December 2019 and then again in June 2020 asking two basic and standard queries (my solicitor's words), ie extent of estate and what my share of that would be. He replied to say he would endeavour to have the relevant information compiled and sent to me.
    Since then he has said that he is still waiting to deal with the interment of my grandma's ashes as well as the inscription on the headstone. He has said he will try and establish these costs and set aside the funds to enable preparation of the final estate account.
    I feel that compared to other people's problems that I have read about in the forums, this may seem minor. But to me, I've always believed a solicitor is someone who should be trusted to do the right thing.
    I will never know if he would have contacted me at all had I not obtained a copy of the will. I also wonder if other beneficiaries have been contacted.
    I feel strongly about this and would like to have him held accountable for his behaviour.
    Please can you let me know if I am overreacting, or if you agree that I should complain officially. And if so, to whom.
    Any thoughts appreciated.

    .
    Tags: None

  • #2


    Ensuring the executor has carried out his duties properly is perfectly in order, and does not reflect badly on a beneficiary.
    It shows respect for the testator, to ensure his/her wishes are carried out
    So don't mind what some people might think!

    Not knowing how complicated the estate was, no comment can be made regarding any possible delays in settling it.

    However I am surprised you were not advised at an early date that you were a beneficiary.
    As a residuary beneficiary you would not have been advised of the size of your legacy.

    you don't say if the headstone and internment of the ashes are part of the expenses covered by the will.
    Generally they would not be considered expenses to be met from the estate, so I am a little surprised they are the reason for delaying the final accounts.

    Again, if you are a residuary beneficiary it is a little surprising you should be receiving such an exact round amount, and also if the final estate accounts haven't been prepared yet, how could the executor calculate your share of the residue?

    I would certainly keep pushing for an inventory and accounting

    Comment


    • #3
      Many thanks for your prompt reply. I certainly feel reassured that my concerns aren't totally unjustified.
      Out of interest, where would the costs for headstone and interment of ashes usually be made from?

      Comment

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