Executor refusing to distribute estate

[Spitz]

Hi there,
I'm hoping someone here may be able to offer some info/advice on my situation.

My siblings and I are residual beneficiaries
of our mums will, the named executor is a solicitor, and they have of course employed their own firm to deal with the estate.

After countless mistakes that they have made (such as multiple typos on sums, and failure to apply simple maths, 5 + 4 = 7 for example), several complaints to them and a 45 page investigation from the legal ombudsman. We of course have absolutely no trust in them at all.

we have expressed our dissatisfaction and lack of trust in them, but they simply do not care and continue to make mistakes.

Fast forward 11 years (yes, that is eleven years, not a typo) We have now been provided final estate accounts... basically a couple pieces of paper, which they have typed up themselves, and yes, they contain mistakes. Along with a document which they demand we sign to confirm we have received the estate accounts and the amount we will receive from the estate.

We are of course, not happy to sign this, as the "estate accounts" contains errors and we have no trust in their work.
We asked for supporting documents/evidence, to prove that the estate accounts they have provided are accurate.
They are refusing to provide anything and have said they won't distribute the estate until those documents have been signed.

We have applied to the court for an inventory and accounts, but in the meantime they are holding our inheritance to ransom.

It is our understanding that they are not allowed to do this.
Are we correct in believing that we do not have to sign anything in order to receive our inheritance?

If this is correct, and they are not allowed to withhold the money, then does anyone know what we can do to obtain our inheritance?

Thank you in advance to anyone that responds.

[Pezza54]

Back in 2016, under your previous thread, you were provided with legal advice on the court action required to remove an errant executor.

9 years on you clearly decided not to start court action but to refer your complaint to the LO

The LO initially thought the solicitor should reduce their bill. What was the final outcome of your complaint to the LO?

From what you have said the solicitor may be guilty of professional negligence

There are a few solicitors that advertise on the internet that specialise in professional negligence claims against solicitors and may be prepared to offer their services on a no-win-no-fee basis

[Spitz]

Thank you for the reply PEZZA.

Yes, unfortunately we couldn't afford to take it to court.

Down the LO route, the LO decided in our favour, so some of the issues were sorted. But that was of course back in 2016.
Many more issues have occurred since then, after the LO made their ruling. Thus, this did not deter the firm/executor from continuing to cause issues.

Now they are refusing to distribute the estate until we sign the documents/accounts. Which of course we are not willing to do, given that the accounts contains errors (including the possibility of missing money), and their refusal to provide any evidence to show that their "accounts" are accurate. They are just expecting us to take their word for it, a word that has been proven wrong on many occasions.

Due to the costs of court, we have tried the LO again, but the LO have told us that it is the firms discretion to distribute the estate, so the LO dismissed it. It is my understanding that the firm do not have any discretion to withhold the estate, and that receiving our inheritance should not be contingent on us signing anything.
Trying to convince the LO of this is proving difficult/near impossible.

Hence why I have returned here to all you wonderful, knowledgeable people, for any advice/info or confirmation on if my assertions about the firm not being allowed to withhold our inheritance until we sign, and that they must distribute it asap, regardless of us signing or not.

Thank you for the info about no win, no fee, I will certainly look into this. Don't suppose you know if costs could be recovered from the firm/executor?

[Pezza54]

Yes your legal costs would be recovered from the solicitor executor (not the estate) if the solicitor is judged to have been professionally negligent
Unfortunately if you were to lose your claim you would be liable for most of the defendant's legal costs, so you may wish to consider taking out after the event insurance for legal costs

[Spitz]

Thanks for the info.
Oh, so it's possible to get insurance to cover costs in the event of losing the case? I didn't know that. I will certainly look into this.
Thank you.