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Evasive solicitor returning funds after estate complete.

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  • Evasive solicitor returning funds after estate complete.

    Hi all! quick bit of advice needed

    I am joint executor with a solicitor for my mothers estate. Beneficiaries are myself and my brother 50/50. My mother passed April 2021, probate was granted Sept 2021. I handled pretty much everything except the application of probate and seek a refund for health care from Bupa which was done by the solicitor. There have been circa £20000 in expenses which I have personally paid in order to close the estate. There is approx £60000 left held by the solicitor. Everything has been sold off, debts paid and no one has contested the will or made any extra claim to the estate. I sent a full spreadsheet of expenses with all receipts to the other Solictor back in Mid December 2022 stating can you repay my expenses and distribute the estate. She said she would complete it that week. My brother authorised the solicitor to pay my expenses back to me then too. Since then she has become very evasive. Excuses for delays, no acknowledgment of emails, not taking calls. I have found out that she has not made a claim with Bupa for the expenses that she stated she did back in June 2021 so I’m not sure if this is the reason or not. Broad and short is can she withhold the money for this long? Both my brother and myself asked for it to paid back to me nearly 2 months ago. I could do with it back. Is this normal? Should or can I do anything as executor to force her to return it? Thanks in advance.
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  • #2
    Have you complained to the solicitor, using the firm's complaints procedure?
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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