This is one for you all & I really need help before I write back to the solicitor

[segiva]

3 executors who all signed the probate oath & agreed not to go to a solicitor but 1 has fallen out with the others & has now gone to a solicitor, a property was left to all three in their mothers will & the solicitor has given permission for work to be carried out on the property without consulting the other 2 can this be done? because if it can then what is the point of the other 2 executors being there ?
Has any one got any suggestions without going to a solicitor, we have informed the solicitor that we are representing ourselves.

Many thanks

[dzug2]

The best thing you can do is try to sort it out between yourselves without going to a solicitor.

If it gets too entrenched then it's bye bye house - it will have to be sold to pay the legal fees. Well maybe that's exaggerating but noone is going to win from this except the lawyers.

As to whether it can be done - well it has been. Whether it should have is another matter. Probably not, but it's as much a dispute between the three of you as with the solicitor.

Has the person who has gone to the solicitor done so in a private capacity or representing the estate?

[buildersmate]

Don't understand your term 'probate oath'. The Grant of Representation is applied for on form PA1 by the executors to the Probate Office and this gives (at least one but up to all of) the executors named in the will the right to deal with the deceased's affairs. The Grant is the document that the various banks, building societies and the Land Registry will want to see before they provide information about the deceased's affairs. It is the pre-cursor to selling a property or transferring the ownership of it, as specified under the terms of the will.
Are you saying that the Grant has been issued in the names of the 3 people but now one of the executors wishes for a solicitor to deal with the interests of that person?
'Given permission for work to be carried out' - please explain. What have the executors decided is happening to the property? Is it to be sold, and if so why would work be done prior to its sale?

[themas]

You need to answer buildersmate's queries if you want a fuller answer. Also, I cannot understand what the role of the solicitor is in this. If he is just representing one executor then I do not see how he can give permission for work to be carried out. That is surely a matter for all of the executors - not just the representative of one of them. What is the work, & what exactly did the solicitor say should be done and why?

[segiva]

BUILDERSMATE ..Grant of probate has been issued to all three. The solicitor is only representing one & is not working for the other two, my sisters solicitor has already been told by us that their cost shall not come out of the estate but be payed for by their client (my sister). The property was left to all three kin by our mother who made all three executors, but our sister has refused to communicate with us. my brother and I wrote to her solicitor stating that no work was to be done on the property until our sister agrees to the original agreement of what work to be done. but work has been carried out and the bill left in the house (which has been payed) for with cash that was left in the house, on the bill was a note stating that permission to have work done was granted by her solicitor without consulting my brother and I can a solicitor do this? because if he can the next thing might be permission for the bank to release money which we have not agreed to as yet

DZUG... we have tried to get our sister to communicate with us so that we can get this all sorted but no joy she likes to be in control and have her own way which in this case she cannot, yet when things go wrong she lands everything on her older sister (me) to sort out.

[themas]

Who put the note on the bill saying the solicitor had granted permission? Was it your sister? If so, how do you know it is correct - could she have just made it up, or deliberately misinterpreted something the solicitor said?

I don't think you can criticise the solicitor unless you know for a fact that he did grant permission & your sister relied on it. If that is the case, then it seems to me the solicitor has exceeded his remit, particularly as you had written to him saying this was not to be done. You could write to the solicitor referring back to your earlier letter & saying that work has now been done which you understand was done because he granted permission. Ask him for his comments on this & ask him to confirm to you in writing that he will not authorise your sister to take any other action in relation to the estate.

However, if you can't get anything acceptable out of the solicitor doing anything else about it may be difficult. The best place to start may be to see if you can talk to a Law Society helpline (look on their website to see if there is anything). Otherwise, you may get involved in a lengthy & expensive dispute using your own solicitor. The other possible source of help is the Probate registry. They may be able to advise you on the responsibilities of executors where there are more than one & may comment on the solicitor's involvement.

As regards release of money from the bank, you need to find out from them what authority they would require, & put in writing to them (recorded delivery, keep a copy) that no money is to be released without the authority of you & your brother.

[segiva]

Thankyou themas, I have written to my sisters solicitor enclosing a copy of the bill and what my sister had written on it and a reminder of the letter that was written to him along with an apology in case he had not authorised it, and for him to remind his client that she is not the sole executor, I just can't imagine a solicitor giving permission but she goes in crying and giving a sob story, she has already had three who after a while will not entertain her. she took one of of them to court thats the sort of person she is but sooner of later she will get herself into trouble with solicitors, and all she has to do is communicate with us in stead of all this nonsence she is creating.
Thankyou again

[segiva]

up date.
Had a reply from the solicitor stating they did not give permission so we are taking it from there

[bigbadmarty]

You need professional help ...