Indemnification clause

[Quovadisuk]

I have posted before concerning an ongoing bad experience concerning probate, and the mishandling of information and unwarranted delays , and lost paperwork I have already followed the companies complaints procedures in writing, by recorded letter and email, and there appears to be ongoing mistakes that have come to light . Putting this to the side for one moment, the company has now written to say the probate is now complete and we are to sign a document to firstly agree the figures and the financial contents but also written in this agreement is a clause that states …I HEREBY INDEMINFY .. the personal representatives against any further costs claims or actions whatsoever in connection with the administration of the said estate .
My issue here is that we have raised the ongoing saga with the financial ombudsman and he awaits our wet signature to investigate further the issues that surround the complaint ( we are overseas at the moment ). I feel that we shouldn’t sign this agreement as :
1 We have raised a query on the accounts concerning a missing cheque.
2, In signing this I may not be able to pursue any action via the financial ombudsman because of this.

Am I correct in this assumption, and what would be the best way forward to finalize the probate, to enable other beneficiaries access to their share without further delay ?

Any suggestions or advice greatly appreciated.

[dslippy]

It would seem unnecessary to excuse them from mistakes in te administration of the estate.

[atticus]

Is there a reason the OP should sign such a thing at all?

[Quovadisuk]

It would seem unnecessary to excuse them from mistakes in te administration of the estate.

Thank you sir, for your valued reply . Would it be appropriate to strike out this clause but agree the accounts if the amendments are undertaken correctly ? What actually is my legal position if I sign/ dont sign this agreement, would I be signing my rights away and be unable to take action at a later date? Could the solicitor refuse to action the final accounts unless I sign it? Is this legal if they try to do this, ie to prevent action being taken against them?, if this was the situation, isn’t this classed as …I want to use the word blackmail … but I would imagine that would be the wrong descriptive, more of putting a client into an unfair position ? I apologize in advance, for so many questions, but just looking the best way in dealing with this matter the best way we can, but leaving our options to ask an independent to look at events fairly to date . Thank you again for your valued input.

[Quovadisuk]

Is there a reason the OP should sign such a thing at all?

Thank you for your valued input, I have replied to one of the replies offered in answer to my original posting and would like to ask if we should ignore the letter, but send an independent reply agreeing to the accounts ( when they are fit for purposed) but not complete the form sent that includes the indemnity clause ? Am I in a legal position to do this, and could they refuse to finalize the probate unless I do ? If this was the situation, what would be my legal position /grounds to refute the clause, and what would my next actions be? I do apologize if I have repeated myself a little in my reply to you, but we feel that we really would like the legal ombudsman to look fairly at our situation over the 2.5 years in how the probate information has been mishandled or indeed lost or not actioned, Again thank you for your valued input to date and taking the time in doing so.

[des8]

As a beneficiary you do not have to sign anything.
An executor's liability for a beneficiary's financial loss following a breach of their executor's duty is lifelong (hence they will look for a waiver)

However it is standard procedure for residuary beneficiaries to agree the accounts.
I believe this is because without that agreement the executor could be held personally liable for any losses to the beneficiaries caused by errors subsequently discovered.
If you maintain your refusal to agree the accounts the executor may, to protect himself, apply to the court for approval of the accounts and to authorise the distribution of the estate.

On the other hand you could apply to the court yourself for directions as to the administration of the estate

However bear in mind the costs of court action initiated by either party will not be worth the candle.
Do your utmost to settle by agreement or negotiation

[Quovadisuk]

As a beneficiary you do not have to sign anything.
An executor's liability for a beneficiary's financial loss following a breach of their executor's duty is lifelong (hence they will look for a waiver)

However it is standard procedure for residuary beneficiaries to agree the accounts.
I believe this is because without that agreement the executor could be held personally liable for any losses to the beneficiaries caused by errors subsequently discovered.
If you maintain your refusal to agree the accounts the executor may, to protect himself, apply to the court for approval of the accounts and to authorise the distribution of the estate.

On the other hand you could apply to the court yourself for directions as to the administration of the estate

However bear in mind the costs of court action initiated by either party will not be worth the candle.
Do your utmost to settle by agreement or negotiation

Thank you so much for your time and consideration it is most appreciated . The concern is not so much the agreeing of the accounts with the beneficiaries as this is not the issue, our enquiry is by signing this indemnity clause would this mean that we would be unable to take any further action in terms of professional negligence for example as the clause does say I
HEREBY INDEMINFY .. the personal representatives against any further costs claims or actions whatsoever in connection with the administration of the said estate The I being the executor who is my wife only . … the part I am concerned about for her is the paragraph ….any further costs claims or actions whatsoever with the administration of the estate . We have seen so many errors and non compliance of how the case has been handled by the company concerned, that by signing this, is she waiving the right to continue a complaint with the legal ombudsman, or we reading this clause and interpreting it incorrectly ? The company has had full control of the administration of the estate, throughout, as have their representatives ie employees and subcontractors, is this a clause to protect them from any action, maladministration made at a later date ?
My wife has already replied to them advising the accounts are wrong as they have omitted a missing cheque for over 1000 pounds with no explanation as to its outcome or whereabouts, plus a payment for a memorial headstone has not been made from the estate funds despite the request to do so, are recent examples of our/her concern.

Sorry if I have confused that issue in my previous postings, hopefully I have made my enquiry more clear this time . Kind regards and thank you again

[des8]

Both atticus and dslippy have indicated no need to sign the indemnity.
I also stated "As a beneficiary you do not have to sign anything." but suggest agreeing the accounts is normal.

Certainly if your wife is the executor who has appointed others to assist, and it is they seeking the indemnity my response would be "on your bike!"
As the amounts are, comparatively speaking, minor I would probably agree the accounts, but refuse to give the indemnity

[Quovadisuk]

Both atticus and dslippy have indicated no need to sign the indemnity.
I also stated "As a beneficiary you do not have to sign anything." but suggest agreeing the accounts is normal.

Certainly if your wife is the executor who has appointed others to assist, and it is they seeking the indemnity my response would be "on your bike!"
As the amounts are, comparatively speaking, minor I would probably agree the accounts, but refuse to give the indemnity

Thank you once again . It’s the solicitor who is asking for the signed indemnity and agreement to the accounts not any beneficiary. The solicitor has been handling the probate as a full estates package and my wife as the only executor has received the accounts ( which were wrong ) along with the indemnity clause typed in as part of agreeing and signing off the probate estate accounts for finalisation and distribution of funds … It must be us sorry, but we are still confused . When you say others are you referring to the solicitor involved ? Again sorry in advance for any confusion caused.

[des8]

Your wife as executor instructed solicitors.
There is no way I would, if in her position, sign a letter of indemnity in favour of the solicitors.
Nor would I agree the estate accounts with the solicitor until I was satisfied of their accuracy
In any case they will (or should be) holding professional indemnity insurance which will cover them in the event they have made mistakes

If unhappy with the service that has been given has your wife followed the firm's complaint procedures?

[Quovadisuk]

Your wife as executor instructed solicitors.
There is no way I would, if in her position, sign a letter of indemnity in favour of the solicitors.
Nor would I agree the estate accounts with the solicitor until I was satisfied of their accuracy
In any case they will (or should be) holding professional indemnity insurance which will cover them in the event they have made mistakes

If unhappy with the service that has been given has your wife followed the firm's complaint procedures?

Thank you so much for your reply ..very much appreciated sir . Yes we did send a formal complaint recorded delivery following their complaints procedure to the letter. The response was quite poor at it stated something like .. they were sorry to learn of the complaint, and the matter would be referred to head of department ( named solicitor ) for him to deal with , We did get an email from him along with a call, that promised the earth to resolve matters, but those promises never materialized per se, nor did the time span to complete either. Most interaction was by phone, and little in writing !!
We are not unreasonable people and understand that we all make mistakes at some point that what makes us all human, but in this instance, it has been so bad, that we have seen lost share certificates/ sent by recoded delivery, totally unnecessary delays for years dealing with the same subject, no responses to ongoing complaints or questions that have been raised, non postings of documentation, and finally the whereabouts or outcome of an uncashed cheque for over 1000 pounds doesn’t show anywhere, nor the payment for the headstone for the husband and son as requested from the estate funds by the deceased before her demise.. We feel this has gone further than just basic mistakes.

This is why we have asked the legal ombudsman to hopefully look at our case in a fair and unbiased manner to ascertain what has been going on with the case and whether there is sufficient grounds that they are able to take action if they do find a case to answer, and for us to clear our name of any wrong doing when dealing with the probate

I am in my 70s and could well do without the stress and anxiety this has caused us, we have genuinely have had to take councelling and medication to support us when dealing with them which has not helped. The final straw was the mis information of the balance of the estate funds held by them given to family members ( benificiiaries of the will). Which was wrong . This led to family members thinking we had stolen 66,000 pounds, which as you can imagine caused a huge rift and upset to us both . I took this up with the solicitor immediately, who agreed it was a mistake and an apology was made, but the damage this caused to us mentally and psychologically was incredible, and even today the family still hold suspicions that monies have gone astray ..

[atticus]

Then don't sign. Tell them you won't. It's as simple as that.

[des8]

Besides the complaint to LGO, you can make a complaint to the Solicitors Regulation Authority https: (//www.sra.org.uk/consumers/problems/)

Might be worth a final letter to head of the practice warning him you are about to report to SRA unless he resolves the problems PDQ

[Quovadisuk]

Thank you to you all for your time and consideration in responding it really is appreciated. We have now taken on board all your comments and suggestions, and will be following them to achieve an outcome that resolves the issue once and for all … kind regards to everyone,

[Quovadisuk]

Thank you to you all for your time and consideration in responding it really is appreciated. We have now taken on board all your comments and suggestions, and will be following them to achieve an outcome that resolves the issue once and for all … kind regards to everyone,