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Solicitor charging duplicate probate
hello all
Any advice is needed
My FIL passed in June 2018. His only asset was the estate of his dwelling
We contacted the solicitor he had dealt with and asked for various documents so we can get the house sold and distributed
We intially wanted to go with another cheaper solicitor but the FIL solicitor refused to provide them documents as we weren't his client and FIL hadn't paid him
So we were forced to instruct him for the probate
We knew that probate was done prior to FIL passing as the property was in the grand father's name.. however the solicitor didn't contact FIL before he died to transfer the deeds
Solicitor stated that we had to do the grand of probate all over again which was three in total
One from grandfather to wife ( grandmother) one to FIL from his mother and finally the last one from father in law to son ( partner)
We knew that the one from FIL to son had to be done but we asked did we really need to do the other ones again if they were already issued
Solicitor stated that all three grants had to be done again.
This took him 9 months due to drafts and admin clerical issues
In the meantime there was a issue with the freehold and solicitor didn't feel it was worth pursuing, so I did it myself via LR and manage to get the freehold changed, we asked the solicitor to do the first registration but asked that all correspondence went to myself as I have dealt with it for 6 months
Obviously the solicitor got wind that we were successful in obtaining the freehold and started contacting the LR , we again asked him not too and he would often get angry and say that he is the solicitor and he has his name to it so should be involved
Everyone we have spoken to the solicitor he would talk over me, be rude, refuse to follow our requests , he was always repeating him self and often sat there with him talking at me
After a year, and the solicitor avoiding talking to us over the last couple of months regarding the transfer of deeds
We decided to ask directly, not email, not assistant and ask if there was a issue with signing the transfer deed, solicitor kept avoiding the question, but finally confirmed that he wouldn't do this until payment is recieved for his work and his work prior for FIL
We told solicitor when we instructed him that we wouldn't be able to pay until house was sold, and solicitor agreed although verbal
Since then we have recieved his invoice for over 8k mainly phone calls which some we don't recognise, some to my late FIL, and other calls we weren't even told we were being charged, especially as he ruled the call with his defiant attitude
The question I like to ask is the following
Should we be paying for duplicate grant of probates issued 3 years apart ( could he not reuse them?)
Should we ask why he is asking payment now after he agreed after house sale was fine
Should he of told us all telephone calls were chargeable especially the calls that were before he was our solicitor and the apparent calls to late FIL?
We have complained via SRA but solicitor has said he will be taking court action
I did confirm we will pay for the work done that the SRA agrees with as I dispute his invoice and asked him to wait for SRA investigation, however he has refused
Now, surely he can't put a charge on the house as at the moment the house is still in the grandfather's name and not in FIL name or partner's name
Surely he can't charge for FIL work until estate has been sold ?
Any advice would be appreciative
Dee
