Inheritance

[tamborine]

If a solicitor dealing with a Will finds a Life Assurance the beneficiaries were not aware of, does the solicitor have the right to keep the payout from the Life Assurance ?

[bednobs]

no, surely not? perhaps a percentage if the solicitors are the executors though

[sara3]

no, it would form part of that person's estate.

[factor-fiction]

I can't imagine any circumstances in which the solicitor would be entitlled to help himself to the estate's money!

[poodicat]

Wouldnt think so tam,he would have to declare it,or is job would be in jeopardy..

[maclarencat]

No!!! Why has he?

[Barmaid]

Absolutely not. It is quite possible for a life assurance policy to be written in trust and actually fall outside the estate. But there is no way that a solicitor is entitled to keep it (unless he is actually the beneficiary!).

[tamborine]

thanx all, esp Barmaid (for legal expertise). Yep, my solicitor has kept it as I was unaware of the policy. I will now take action to recoup it.

[boxtops]

Absolutely not, that's theft!

[sara3]

tambo, you should consider reporting it to the police.. or at least the Bar Counsel.

that's outrageous.

[tamborine]

I'll give the solicitor chance to return it. I'm quite peeved at Scottish Widows not informing me of this policy.

[poodicat]

How did you find out tam?

[tamborine]

poodi, he asked me to sign it over to him as "he had found it" - he kinda slipped it to me & I signed, stupidly - doh :)

Saying that, I really needed other opinions as to my rights.

[boxtops]

Did he deceive you as to what you were signing for? (read before you sign....) I still think he needs investigation by his regulatory body, imagine if you were old and not with it, he could be doing others out of their inheritances too.

[tamborine]

Boxtops, the more the solicitor delves into OHs property the greedier he gets; I dread more contact with him.

[factor-fiction]

Maybe you have misunderstood. Ask the solicitor for clarification. Maybe the policy belongs to the estate and he is the executor and will share it out a spart of the estate. Had the estate been wound up and have the beneficiaries received their shares?

[tamborine]

Am the sole beneficiary factor, the estate is noway near wound up after 3y. Every step ends up in High Court; it's very wearing.

[poodicat]

tam are you living in scotland?

[factor-fiction]

So isn't the solicitor just putting the money into the estate? You will get it in due course once all the estate's liabilities have been paid assuming there is something left.

But it does seem strange that this has dragged on for so long.

I think the main issue here is the delay with sorting out the estate. I very much doubt he has stolen the life policy.

[tamborine]

I wish factor, solicitor has broken with partnership for his own practice, new offices & staff & fancy website - methinks am paying. He keeps quoting Bleak House at me :D

Am near Heathrow airport poodi