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Dismissing probate solicitor

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  • Dismissing probate solicitor

    Hi all.
    I am new here and was hoping to get some advice.
    My father passed away early this year and he had left a will behind naming me as the sole beneficiary but joint executor with another friend. I was too distraught and busy organising funeral etc and so was happy to let the solicitor who dad did the will with to administer the state. The state is only his bank account as he didn't own a property or any other assets.

    It has now been nearly 7 month and while probate has been granted and the bank has released the money to the solicitor, the DWP are investigating whether they paid my father too much money. Meanwhile, the solicitor refuses to release the funds until DWP finalise their investigation. All this means that the solicitor fees are racking up (charge by the hour of work) as they send DWP documents etc. all of which I can do easily myself. In fact I should have done probate myself too but it's too later for that now.

    So I am wondering, do I have the right as client to dismiss the solicitor and demand that they release the funds to me? Basically, the other executor and myself want to take the administration over from the solicitor and prevent their fees going up. We're only talking about 35000 that my father had in his account. I am dreading the solicitor bill already.

    I really appreciate any advice on this matter.
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  • #2
    Speak to your solicitor and let them know you are worried about the final bill. Ask how much is in dispute with DWP. Perhaps the solicitor can release some money to beneficiaries.
    Hopefully the solicitor's fees aren't as much as you think they are going to be. Applying for probate is easier now when there is no IHT to pay.


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