Solicitors Obligations

[Mal161]

After the death of the testator three years after she has made a new Will, if an executor suspects the Will has been made by the testator being deceived into making changes of beneficiaries and asks the solicitor who drew up the Will for help with any notes he may have made at the time the elderly testator was making the Will, can the solicitor refuse to answer those questions even if beneficiaries of a previous Will have then instructed solicitors to dispute the Will. The executor sees his responsibility being to clarify the situation and not a duty to simply honor the new Will in favour of the new sole beneficiary who is believed to have deceived the testator to make her Will changes. How would the SRA consider this?

[atticus]

Read about 'Larke v Nugus' letters - a formal request to the firm of solicitors who prepared the will to provide information about the preparation and execution of the will.

Has the executor obtained a grant of Probate?

The approach of the SRA will depend on whether any breach of professional rules can be found to have occurred.

[Mal161]

Thank you for your reply Atticus.
Probate has not been applied for yet as I (as one of the executors) am not satisfied with the financial management of the testators bank accounts and would not allow Probate to be applied for without more information.
I also have letters sent to the testator before the new Will was made and to her regarding the new Will following knowledge of it and am sure that the testator was deceived by the other executor (the younger daughter) to make her the sole residual beneficiary as her sister was dying, to cut out her sister's children from receiving their mother's inheritance as 'issue' following her sisters death.
I am simply disappointed in the will writing solicitor refusing to answer questions about his 'notes' at the time the Will was prepared, even though he has since been notified by solicitors for the children mentioned that they dispute the Will and he prefers to deal with them rather than answer my questions. I consider him raher unprofessional in this and was curious to know if executors had any legal right to obtain the truth or allow false action to be swept under the carpet, or if the SRA issued guide notes for solicitors to follow. What a pity they do not.

[atticus]

There is Law Society guidance on replying to Larke V Nugus letters. Have you sent one?

[Mal161]

I have not, because he has said he will be replying to the solicitors who are contesting the Will and I can only try and help with the information I have to back up the claim.

Just that I felt rather let down by the 'professionalism' of the solicitor in question, who could have answered my questions if he had the slightest interest in seeing fair play and honesty prevail, but maybe he didnt bother to make any notes, as he should. Unfortunately there are still a few of them about.

[atticus]

"Maybe". You are placing heavy reliance on an unverified assumption.

[Mal161]

Maybe, but that's the impression I have related to his reply. Ho Hum, another day tomorrow!