I potentially have a fee dispute with solicitor executors regarding their fees for work done.
The other beneficiaries have signed a waiver releasing the executor from liability I have not signed this.
Is the executor allowed to make a settlement with me directly regarding my fee dispute?
I'm not sure if it would be considered unfair to the other beneficiaries if they made a settlement directly with me and excluded them?
I was told the following but I'm not sure if it is accurate:-
If the other beneficiaries have signed a waiver, they have legally "affirmed" the accounts. In the eyes of the law, they have said: "I have seen the bill, I agree it is fair, and I waive my right to challenge it." Because they have waived their rights, the firm no longer owes them a duty to reconsider those fees. However, because you haven't signed, the firm still has a potential liability toward you.
The "Ex-Gratia" Loophole: The firm won't call it a "refund to the estate." They will call it a "payment in full and final settlement of your specific complaint." This is a private contract between you and the firm to stop you from going to the Legal Ombudsman. It doesn't involve the estate accounts at all.
My other question is am I in a stronger position to dispute the fees if the other beneficiaries have signed a wavier of liability for the executors? Or am I in a stronger position if they have not signed it or is it neutral?
I suppose if they are allowed to settle with me directly it's easier to get a settlement if I am the only one that can ask as it's less money the executors have to worry about refunding.
But if they are not allowed to offer a direct settlement it might be better or neutral for me if other beneficiaries haven't signed also?
The other beneficiaries have signed a waiver releasing the executor from liability I have not signed this.
Is the executor allowed to make a settlement with me directly regarding my fee dispute?
I'm not sure if it would be considered unfair to the other beneficiaries if they made a settlement directly with me and excluded them?
I was told the following but I'm not sure if it is accurate:-
If the other beneficiaries have signed a waiver, they have legally "affirmed" the accounts. In the eyes of the law, they have said: "I have seen the bill, I agree it is fair, and I waive my right to challenge it." Because they have waived their rights, the firm no longer owes them a duty to reconsider those fees. However, because you haven't signed, the firm still has a potential liability toward you.
The "Ex-Gratia" Loophole: The firm won't call it a "refund to the estate." They will call it a "payment in full and final settlement of your specific complaint." This is a private contract between you and the firm to stop you from going to the Legal Ombudsman. It doesn't involve the estate accounts at all.
My other question is am I in a stronger position to dispute the fees if the other beneficiaries have signed a wavier of liability for the executors? Or am I in a stronger position if they have not signed it or is it neutral?
I suppose if they are allowed to settle with me directly it's easier to get a settlement if I am the only one that can ask as it's less money the executors have to worry about refunding.
But if they are not allowed to offer a direct settlement it might be better or neutral for me if other beneficiaries haven't signed also?


Comment