Double Probate

[Traveller47]

I am a non-proving executor and wish to apply for double probate. Consult a solicitor? Easy? Not so!

I have consulted several solicitors but find myself little further forward. The original solicitor refuses to talk to me as I am “no longer their client” and says I should seek alternative advice as they cannot represent me due to conflict of interests. Did I hear that correctly?! Another solicitor asks why the original solicitor will not represent my application. A third solicitor……… Well, you get the idea.

I have the distinct impression that this is a little-understood issue, but I was initially advised that should I wish to apply for double probate then there was a simple procedure. I have requested a copy of form Cap a5c but told that it will take 3 weeks to reach me.

Can anyone please offer a way forward?

[atticus]

Why is there a conflict of interests? Is there something you have not mentioned in your several threads?

[Pezza54]

Try joining the Trusts Discussions Forum and asking kindly if anyone has a spare copy of form Cap A5C they can email you. Users on the TDF seem friendly and very helpful

[Traveller47]

Thanks for both replies. Firstly, there is absolutely nothing at all relevant that I have not said that would cause the original solicitor to distance themselves from this but they do keep emphasising that they cannot discuss this further or reveal their client’s instructions. They no longer regard me as their client.

Secondly, I will join the Trusts Discussion Forum as suggested and see where that leads - thank you.

I have contacted HMRC’s helpline(having waited 30 minutes for the call to be answered) and they have promised to send me a copy of form Cap a5c within 3 weeks. If I have not received the form by that time, I am advised to contact them again! It doesn’t inspire confidence.

[Traveller47]

Thanks to the kindness of a Trusts Discussion forum member, a copy of form Cap a5c is now being sent to me. I am grateful for the suggestion and the assistance.

I have recently visited the offices of the original solicitor and they continue to refuse to co-operate with an application for double probate, citing "conflict of interests" and "inability to disclose our client's instructions". They also ignore any emails I send to them. It would seem that their client - my fellow executor - may have instructed the solicitor not to speak to me. If that is indeed the case, is such a practice legal when the right of a non-proving executor to apply for double probate is clearly enshrined in the law?

I want and need to apply for double probate because I believe that the estate admin has gone seriously astray. I know that my fellow executor is very keen to prevent me from becoming active again and have been asked by another member of the family to examine the accounts - to which I currently have no access.

It may be that I can handle the application on my own (perhaps with a little help on here?) but it looks as though probate grant reference number and the contents of the whole filing system (that I created over 3 months) will now be denied to me.

I find all this very suprising. I have consulted two other solicitors and both say they cannot understand why the original solicitor has taken this stance and that they have never encountered such a situation. However, they would not say whether the stance was legal or not.

Any advice or suggestions will be most welcome.

[Pezza54]

Make a formal complaint to the solicitor. If that doesn't work raise a claim with the Legal Ombudsman and write to the Law Society to report the solicitor

Before making a complaint you should read the article at http://www.sra.org.uk/solicitors/gui...licts-interest
In particular take note of "Substantially common interest" under Exceptions to conflict of interest.

Surely proving executors have a substantial common interest to administer the deceased's estate to the benefit of the beneficiaries

[atticus]

Complain on what grounds, Pezza54 ?

The OP chose not to take up the appointment as executor. He now wishes to. He has indicated that he is not entirely happy with the executor named in the grant, indeed that he considers that he may have grounds for complaint or even action.

[Pezza54]

Can the solicitor refuse to co-operate and not provide OP with estate information that is required so OP can complete form Cap a5c?
Without this info OP is prevented from applying for double probate

[SYG1315]

Applying for double probate now, anyone already have double probate granted? How does the power of control work, if one executor is a relative (reserved power) and the other named executor is a company? Relative of the estate is applying for double probate, so we csn distribute the estate with more control and for the company executor to step down.