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Advice navigating multiple executors with differing levels of diplomacy

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  • Advice navigating multiple executors with differing levels of diplomacy

    Does anyone have any advice on how to manage executors intentionally undermining the probate lawyer (process) to deflect from their lack of probity from individuals. The solicitor has said they can’t mediate between executors and if we are not in agreement with instructions they may choose not to represent the family/beneficiaries.

    How do I provide a steer to the solicitor around the dynamic of personalities without it appearing that I am expecting them to take sides.

    Thanks in anticipation.
    Tags: None

  • #2
    You don't.

    You need to find a way of knocking heads together. Consider using a mediation service.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Guides and handbooks for Litigants in Person - :

    https://legalbeagles.info/forums/for...60#post1701560

    Comment


    • #3
      Thank you atticus do you know of a mediation service or should I head over to Go@gle and search for a service provider?

      Comment


      • #4
        Use your preferred internet search engine.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Guides and handbooks for Litigants in Person - :

        https://legalbeagles.info/forums/for...60#post1701560

        Comment


        • #5
          atticus or anyone who knows more than I, can help with a follow up query. One of the beneficiaries has queried the Probate Lawyers referring to us collectively as Executors on within the contract and not Administrators. Parent died intestate.

          Does it make a material difference to putting in an application for letters of administration to the courts?

          Comment


          • #6
            Nope, no real difference.

            This person is correct: in dealing with the estate of someone who died intestate, Letters of Administration are obtained instead of Grant of Probate, appointing Administrators instead of Executors.

            What contract are you referring to?
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Guides and handbooks for Litigants in Person - :

            https://legalbeagles.info/forums/for...60#post1701560

            Comment


            • #7
              thanks for the reply. It relates to the contract signed instructing solicitor to act. Within that contract which is updated to name all beneficiaries as executors.

              Comment


              • #8
                I am sure that the solicitors can be asked to correct the document and reissue it.
                Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                Guides and handbooks for Litigants in Person - :

                https://legalbeagles.info/forums/for...60#post1701560

                Comment


                • #9
                  Thank you - yes they can although I suspect this is a red herring as the BF has instructed a solicitor, to read through contract to ensure they had their interests equally considered. The solicitor apparently ahas suggested to re-negotiate the fixed fee. The solicitors administering the estate were instructed (by me) last summer. Is considered irregular for another solicitor acting for one BF to query the fee?

                  I thought getting everyone on the paperwork would mean progress would be made.

                  Comment


                  • #10
                    It appears to be happening. What is a BF?
                    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                    Guides and handbooks for Litigants in Person - :

                    https://legalbeagles.info/forums/for...60#post1701560

                    Comment


                    • #11
                      Sorry, BF = beneficiary

                      Comment


                      • #12
                        atticus Pezza54 PallasAthena Would welcome your views on the latest twist and turns. One of the other beneficary 4 (BF4) has asked the BF3 who is getting outside legal advice (review the contract) to quote for comparable service as they do not think the current service providing transparency and is questioning their accuracy. BF3 asked current solicitor to share probate application , even though they have not signed contract or provided information to confirm their identity. They seem dead set on playing dumb about all the implications of instructing another firm when current firm have done all the work. The accounts for IHT liability have been prepared and submitting an application to the courts could be immenent if all executors would sign the contract. The implication is the estate will have to pay/settle the current legal fees before contracting another. The bank, HMRC and other agencies have noted current solicitor.

                        I can see no benefit other than more time and addiitonal costs. Are we heading towards contentious probate and mediation?

                        Thank you for any advice you may be able to give.

                        Comment


                        • #13
                          See post #2
                          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                          Guides and handbooks for Litigants in Person - :

                          https://legalbeagles.info/forums/for...60#post1701560

                          Comment


                          • #14
                            Are you referring to googling a mediation service? I have looked into mediation and identified a firm but I want to understand if two beneficiaries can unilaterally instruct another firm? Thank you

                            Comment


                            • #15
                              I was referring primarily to the need to knock heads together. Google (other search engines are available) was not mentioned.
                              Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                              Guides and handbooks for Litigants in Person - :

                              https://legalbeagles.info/forums/for...60#post1701560

                              Comment

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