Memorandum of satisfaction

[Losingthewill]

My mom passed away 4 years ago!

The eldest sibling took ownership of everything and emptied everything in the family home, leaving nothing for the other siblings. We have had lots of problems along the way with the solicitor that they instructed to deal with the administration of the estate as they were favouring the eldest sibling every step of the way.

We have now all agreed the estate accounts and agreed to distribution but wrote on the memorandum of satisfaction 'without prejuduce' as we are not happy with how the estate has been administered and will be making a complaint to the ombudsman.

The solicitor has replied to me saying that the distribution of funds cannot go ahead as I cannot sign the paperwork in the way that I have.

I feel as though he is trying to hold me over a barrel......surely it is my right to complain to ombudsman without holding up the funds to the beneficiaries (I am not a beneficiary I will add).

Please help/advise.........

[des8]

Re: Memorandum of satisfaction

Hi and welcome.
Sorry to hear your mother's passing is causing problems.
Your mother died intestate?
That solicitor is talking B******t.
Presumably the eldest sibling is the administrator and he has instructed the solicitor
What the solicitor means is that he is advising your brother not to distribute without the accounts being signed off.
The administrator does not need to accept that advice and can distribute the estate without anyone signing anything.
It is just good practice and on a challenge he could wave this to the court saying, "look a/cs were agreed to at the time!". That's the purpose of it really.
If the beneficiaries are upto it, they could apply to the court for an order requiring distribution.

.... and if you are not a beneficiary why would you sign it anyway?

[des8]

Re: Memorandum of satisfaction

Having made a cup of tea...

even if the accounts are now signed under pressure from the solicitor, you could still complain about the manner in which the matter has been handled, and throw into the mix the solicitor's pressure tactics to have the accounts signed off!