Joint Executorship With A Solicitor

[Theseeker123]

I was named jointly with my two sisters to be executors of our late Mothers will. After one of my sisters (the other going along with whatever was decided) asked me to undertake the work but then decided to appoint a solicitor to do the necessary instead. Having downloaded the necessary forms and information, I decided not to join in their appointment of the solicitor and remain an executor.

Now that the straightforward undertaking has been completed, do I have the right to see the report of how the estate was dealt with, by a report from the solicitor acting for them (and being a Joint executor in effect with me) or do I have to wait and apply to the Probate Court to obtain the details?

[themas]

I'm not sure what has happened. You & your two sisters are the executors. You should all agree on what is to be done, so your sister should not have appointed solicitors to do the work without your agreement.

You say you have not joined in the appointment of the solicitor so remain an executor. Unless your two sisters have renounced their executor roles they are also still executors & the solicitor is simply instructed to do the work on behalf of the executors. What you say seems to imply the solicitor has somehow become an executor - if that is the case I don't understand how it has happened.

However, you are still an executor and no-one can deal with the estate without your full involvement in any decisions unless you have instructed the solicitor to act for you. If you have not done so then the solicitor is acting incorrectly if he/she is dealing with matters without involving you. If that is the case, you need to take it up formally with him/her - if necessary making a formal complaint to the solicitor's firm.

[Peter Pedant]

first of all let me say I am sorry to hear of mothers death and the issues arising out of it

Barmaid is our resident expert on WIlls and I hope she will be along to give a definitive answer - so I think various things but what she says goes so I will wait for her

My sympathies with what has happened which happened in my family - four of us agreed on a course of action, then two 'broke ranks'. There was inevitable and avoidable duplication and therefore double charging

I imagine you want to see the final bill to make sure that the two who hired the solicitor instead of using you or doing it themselves, pay his bill ....

it is much cheaper to agree but I suppose it is all beyond that.
My sympathies

[Theseeker123]

Hello Themas,
The solicitor wrote to me originally to state he was "assisting" my Sisters and invited me to do the same. However, I stated that since my Mother had appointed all three of us to act as executors, I did not want to abrogate my responsibility in this regard and intended to deal with matters myself, even if they had appointed him in their stead.

The solicitor has kept me informed (when I've asked) but only by email in return for mine by email. I suspect solicitors communicate with their clients by Post as it makes it easier to count the letters they`ve written rather than any confidentiality issue with emails as the clients are paying for it.

I`ve sent an email to him letting him know I want to receive an account of what has ben settled by the Estate so far, and he is aware that I will not share in the cost of his services. This is because my Sister originally asked me to deal with the Application for Grant of Probate, but changed her mind after I had obtained the necessay forms and started the procedure.

I will however wait for "Barmaid" to comment before making an official complaint as suggested by Peter in his reply.

Thank you both for taking an interest in my problem, which in all honesty was not complex at all, but appreciate the fact that my Sister did not feel confident in my ability to deal with it without somebody taking a fee for "advice". Though she has stated that she does not see why I should receive an report of the payments from the account because she and our other Sister will be paying for it!

[themas]

Sorry, but I'm still confused. Your first post implies the solicitor was appointed by your sisters to do the probate application; your second says the solicitor told you he was "assisting" your sisters, which could mean a much more limited role. Who is actually applying for probate - is it you or the solicitor; it can't be both?

Your first post says you want to see the report of how the estate was dealt with (which implies the solicitor is getting probate) but your second refers only to a report of payments from the account which your sisters will pay. That is much more limited. The estate account should include all money collected in by the executors & all the payments they have made & it is vital you see it - as an executor you have an absolute right to do so. Of course, one of the items on it should be the solicitors fee & that should be balanced by an income figure of the same amount (i.e. the payment of the fee by your sisters).

[Theseeker123]

Hi Themas,
Sorry if I confused the issue. After a telephone conversation with my Sister, she told me they (jointly) had appointed the solicitor to be executors in their place. the solicitor wrote to me stating he was "assisting" them and he asked if I wanted him to assist me too, and I declined for the reason stated. The solicitor has obtained probate, which I also signed the application for, and the final distribution of the Estate is about to be made.

The solicitor has submitted a report to me of the amount in and out of the account, made up to around six months ago, but I am concerned about the final report and whether he will send it to me before completion of the matter, and his final submission to the probate office. I can see now, that since we are in effect joint executors, he must obtain my agreement before he completes the submission to the Probate Office. The final distribution of the Estate is imminent and I want to make sure that the legal firm are billing my Sisters for their use of their services, and not deducting the fee from the residue of the Estate prior to distribution.

There is no animosity between the solicitor and I, only the adamant attitude of my sister that I should not see the result of the work that her and my other Sister has paid for. In my own view, I still hold the opinion that I have a right to see the results and how it was arrived at, whether she agrees or not.

[themas]

Thank you for clarifying it. As you are an executor I can't see how the estate can be distributed without your agreement & you are certainly entitled to see the final account - in fact I think it is essential that you do see it because the distribution of the estate can be taken to indicate that you - as an executor - agree the figures are correct.