Solicitor Problem and DWP.

[Misslindi]

My Mum died in December 2014. I am one of the executors of her will. The other two executors are Solicitors. DWP are investigating my mother’s eligibility to claim pension credit. There is also an over payment of two months made by DWP after she died. I am very unhappy with the service I have received from the Solicitors.
They don’t keep me informed at all. It takes three weeks to get a reply to my letters, and it took them two months to fully inform me about the issue with the DWP. They say they will freeze the estate and not distribute anything until it is resolved.
The Solicitors have already taken 10k in fees from the estate to get this far. As far as I have been informed we have not even reached Grant of Probate, but I believe the form has gone to the tax office.
I decided to get more information myself, and found the DWP very helpful by phone. I have sent them the documents they requested so my name can be added to their system. Then I am able to talk to the right department to find out what the Estate owes.
Mum only claimed Pension credit for a year before her death; the sum the estate owes is not gong to be a large.
A few thousand at most. There is plenty of money in the estate and a house, I feel it is far cheaper in the long run to just pay the full year back. The Solicitors will take another 10k and drag the whole thing out as they have so far.
Can I instruct the Solicitors to pay the whole year back?
Can the Solicitors really stop the entire Estate being distributed until this problem is solved?
Is it reasonable for me to request that a sum is set aside to pay later?
I am miserable because this has being going on for 8 months. I miss my Mum so much.
Please has anyone else had this problem?

[des8]

Re: Solicitor Problem and DWP.

Hi and welcome.
Sorry to hear of your loss, and subsequent concerns which only make it worse.

Are the other two executors solicitors in the same office?
At the risk of incurring yet more charges you, as an executor, can request a breakdown of their fees, especially as they seem excessive.
Other than the DWP, presumably this is not a complicated estate, and there is a will (presumably properly drafted by the same firm of solicitors?

Regarding DWP, as the claim will only go back for 12 months, the executors could make a distribution but retain sufficient to settle any claim.

No distribution can be made until probate is granted, and you can check here to see if it has been obtained:https://www.gov.uk/wills-probate-inh...robate-records

Have you agreed that one executor should act or all three? If not your agreement is required for any decisions which are to be made regarding the estate.

[Misslindi]

Re: Solicitor Problem and DWP.

Hello des8, thank you so much for your reply,
Both the solicitors work for the same firm that wrote my Mums Will.
I have met one of them. I was asked to choose which I would like to deal with.
I chose the one that had met Mum. I have not agreed that they can make decisions for me, defiantly not!
I wrote to the solicitors and asked the probate clerk to pay the DWP the arrears. They responded that there were no funds to pay the bill until probate was granted. The also told me that my Mum was being investigated in a separate issue to the arrears, and they had sent the list of her assets to DWP.
They would not distribute anything in the estate until the DWP issue is settled.
I would like to deal with DWP myself, Then as soon as I am notified by the Solicitors that probate has been granted, instruct them to pay.
Can I do that? how would I word that?

[des8]

Re: Solicitor Problem and DWP.

Probate can't be granted until Inheritance Tax (if any is due) is paid.
When probate is granted, all other debts can be settled.

So is the estate being dealt with by the solicitor or their clerk?
Do you know the basis of their charges?

Had they not told you that DWP were investigating other matters?
Of course if they copy you in on everything their charges mount up

If you wish to be kept in the loop and have a say in the settlement of the estate do WRITE to the solicitor (signed for) that you are to be named on the grant of probate and you are not renouncing your appointment.
Have you checked they have not obtained the grant of probate?

[Misslindi]

Re: Solicitor Problem and DWP.

I believe the tax has been payed and I have sworn in the Executors oath at another solicitors office and sent back via DX a month ago.
The solicitor is dealing with probate. They said the delay could be months. I should inform the family.
I am waiting to be informed that probate has been granted. if I contact them it costs the estate money. I wrote to the clerk because I assumed it was her job to arrange payments.
They didn't tell me the extent of the problem for two months.
They charge by the hour, by the letter.

[MissFM]

Re: Solicitor Problem and DWP.

Hi Misslindi

I am also so very sorry for your loss. You must miss your Mum very much and it's hard to bear, especially with this extra worry and stress.

Your Mum will no doubt have named the solicitors as executors believing that it would lessen the strain for you, but one thing I have learnt from experience - both of being sole executor and of having solicitors as executor in family wills, is not to appoint one in one's own will. The executors can always ask for legal help and guidance when they need it - but the solicitor will do things in his own time, with his own priority and charge liberally for so doing.

Eight months is quite enough time to get Probate, IMO - it can usually be done in a couple of months - and 10K so far also seems excessive (to me), unless there are considerable complications. I would write to the managing partner, expressing your concerns. Mark the letter "Formal Complaint". Ask him to invoke their official complaints procedure and fully investigate at no cost to you, also to provide you with a full breakdown of work done & charges so far. One of the ways they load their costs is to do relatively simple work at senior partners rates (ie several hundred pounds per hour as opposed to ninety-ish for a clerk).

You should have been given full details of their charges, how they intended to proceed and their complaints procedure.

If you are not satisfied with the result of the investigation then contact the Legal Ombudsman on 0300 555 0333.

If you are willing to do the nitty gritty yourself (ie combing through paperwork, accounts, rooting out information etc.) then make that clear.

As to your specific question, could you afford to just pay the DWP yourself and charge it to the Estate? Are you the sole beneficiary? Is Inheritance Tax due?

You are in very good hands with Des8, just wanted to add my thoughts and condolences:hug: x

Sorry - crossed post x

[Misslindi]

Re: Solicitor Problem and DWP.

I believe the tax has been payed and I have sworn in the Executors oath at another solicitors office and sent back via DX a month ago. The solicitor is dealing with probate. They said the delay could be months. I should inform the family. I am waiting to be informed that probate has been granted. if I contact them it costs the estate money. I wrote to the clerk because I assumed it was her job to arrange payments. They didn't tell me the extent of the problem for two months. They charge by the hour, by the letter.

[Misslindi]

Re: Solicitor Problem and DWP.

Hi MissFM

Thank you very much for your post and your kind words, they mean a lot to me. Yes Mum arranged it this way becuase she thought it would help me. I think I have been overcharged by the solicitors and will complain now you have explained what I should do, but at this stage Im in damage limitation mode. Its not the time to fall out with the Solicitors. Eeekkk !

I can't afford to pay DWP myself, I am a lone parent of three. I am the the main beneficiary and there is a gift list for the grand children. The will is really simple.

Thank you missfm! X

[des8]

Re: Solicitor Problem and DWP.

Probate should have been granted then by now.
Check on line as per post 2.

[MissFM]

Re: Solicitor Problem and DWP.

Good luck, Misslindi!

Don't worry about offending them, they have skins like rhinos and it is your right and your duty to see that your Mum's will is executed properly, efficiently and according to her wishes.

Keep us posted - you will get all the support and help we can possibly give on here x:hug:

[Misslindi]

Re: Solicitor Problem and DWP.

Probate should have been granted then by now.
Check on line as per post 2.

Thank you, I checked online. No probate yet.

[des8]

Re: Solicitor Problem and DWP.

So do make sure you are named in the grant of probate

[Misslindi]

Re: Solicitor Problem and DWP.

So do make sure you are named in the grant of probate

I will ! I feel much better now, not so alone. thank you Des8

[bb41]

Re: Solicitor Problem and DWP.

Your solicitors fees are extremely excessive to say the least.
My Mum died in February this year, she had a house plus private pensions to sort out.

We had to get a deed of renunciation as the executors were from a firm I did not rate and transferred it to my own.

My solicitor dealt with it all , payed all IHT and paid all overpayment from private pensions and has taken on the sale of the house.

Probate was granted about 4 weeks ago , I have been paid my expenses and now she is just sorting the final statement . Cost is £2900.

Did the solicitor not inform you of the cost at the start ??

I find probate office very helpful as well, so all in all done and dusted in 7 months including a house sale.

Once probate has been granted (when all income and assets have been valued and any IHT paid and HMRC have given a receipt ) then debts can then be paid out.

As for the investigation on pension credits then not too sure, as I don't think if this was paid in error then it automatically dies with your Mum.

I know it's very hard but can you not find through her paperwork anything regarding this issue to assist with the solicitor.

[des8]

Re: Solicitor Problem and DWP.

Unfortunately as the solicitors have apparently intermeddled in the estate they cannot renounce their position.
The costs matter is something to bear in mind when drawing up a will: never name a solicitor or bank as executor as they look upon it as a blank cheque.
When all is settled you can then request a breakdown of their fees and challenge them.
Solicitors fees must be fair and reasonable, and are governed by The Solicitors’ (Non-Contentious Business) Remuneration Order 2009 and The Solicitors’ Code of Conduct.
Any overpayment of benefits is recoverable from the estate by the DWP. If the estate has already been distributed the DWP will follow the money, or failing that expect the Executors to refund the overpayment