Solicitor....conflict of interest? and their fees

[Mace Windu]

Hi, I wondering if I could get some advice please?
My Mother passed away a couple of years ago and left everything to myself and my brother 50/50 and we were both named as co executors.
The main asset was her house which had to be sold as the Local Council had taken a charge over the property to pay for her care.
Right from the word go my brother was uncooperative with myself, the council and just about everyone else about everything….the contents of house etc.

At that point I could see trouble ahead and engaged a Solicitor to act on my behalf.

My brother then got his own Solicitor to act on his behalf in our dispute and also asked them to administer my late Mothers estate.

The property was eventually sold and 80% of the money has been dispersed between my Brother and myself but the estate is not yet “completed” – there is a small issue regarding some shares that still need to be sold.

I understand that there should effectively be two separate bills for my brothers Solicitor one for doing the actual administration - which I agree should be paid from the remaining money the solicitor is holding.

The much larger second element (ie for dealing with dispute with myself) my brother is refusing to pay his own solicitor and is saying that I should also pay half of this? It seems like nonsense to me but my brothers solicitor has written to my solicitor asking me to pay their fees. My solicitor has responded refusing this request.

I have two questions please?

1. Should the same solicitor ever have been allowed to deal with estate and representing my Brother in a dispute about the estate? Would this not be a conflict of interest and if so who should have raised this?

1. Is there any scenario that my Brothers solicitor can pursue me legally for non payment of my brothers legal fees?

I would be very grateful for any help please. Thank you

[atticus]

Q1. I do not yet see a conflict of interests. maybe further information will persuade me otherwise.

Q2. You can be pursued for payment in a scenario in which you had agreed to be responsible for paying half the fees.

[Mace Windu]

Q1. I do not yet see a conflict of interests. maybe further information will persuade me otherwise.

Q2. You can be pursued for payment in a scenario in which you had agreed to be responsible for paying half the fees.

Thank you very much for the quick reply.


1) Well this why I am confused but if the same solicitor is acting for both executors in the estate and are also acting for one of the executors in a dispute that is delaying the distribution, then would this be a conflict?

2) Yes, my solicitor refused the request explaining why etc but I was a concerned that the solicitor could still potentially take legal action against me.

[atticus]

Q1... I did say I might be persuaded by further information!

Would it make a difference?

[Mace Windu]

1) Well he is putting the interests of one executor before the other because he is also acting on that persons behalf...which sort of feeds into the second point below.

2) I agreed to pay 50% of the costs of the administration of the estate.....not 50% of his legal fees for dealing with our dispute. That would be like asking him to pay half of the fees i have paid to my solicitor up until now.