Any obstacle to firing solicitor?

[candystripe]

My mother is the executor for her sister's estate. She engaged a solicitor to handle probate etc, but he's been absolutely useless. It's now almost a year after probate went through and he still hasn't released some of the assets even though my mother has asked him to. He refuses to communicate; messages left with his secretary are ignored.

At this stage, Mum just wants to fire him and get him to hand over the rest of the assets to her, the executor, so she can distribute them herself, but when she said this he sent his account and is refusing to release any of the remaining assets until she agrees it's accurate. The thing is, since he hasn't completed the work he was engaged to do, and what he has done was not to an acceptable standard, Mum wants to dispute the fee.

Can she fire him now and force him to hand over all money except the amount of the disputed fee immediately, and then continue to argue about the fee and try to get some of that refunded too at a later date? At the moment the solicitor is refusing to release any funds until she agrees on the fee.

Surely, since she's the executor, she's entitled to fire him and get the funds (minus the disputed fee) from him immediately if she chooses? Or when she engaged him did that somehow give him a right to take control and not release it? She's an elderly lady and it looks to the family as though he's trying to intimidate her.

 

[PM1234]

If he has done work on her behalf he will be entitled to some fees but if he hasn't completed the work and is still demanding full payment I'd suggest contacting the Law Society.

 

[candystripe]

Thanks PM1234. She's no objection to paying some fees (not the full fee), and will certainly be contacting the Law Society about what's reasonable. However, based on her experience to date, any negotiations about this are likely to be very long drawn out.

This is why we're wondering whether she can insist that he releases to her immediately:
- all assets except a sum equal to the full amount of the disputed fee
- all relevant documents
and then continue on with negotiations about the fee.

She has no confidence at all in him at this stage. Is it permissible for him to make release of everything contingent on her signing off on the accounts?

 

[Vanilla]

There is nothing to stop your mother paying the fee and then querying it afterwards with the solicitor, the law society and the taxing master.

However I would point out that estates do generally take at least a year to finalise except in unusually uncomplicated circumstances. This is often through no fault of the solicitor who has to rely on the executor and beneficiaries to give them certain details before she/he can even start the paperwork and is then dependant on waiting times in the Capital Taxes office and the Probate Office.

 

[candystripe]

Thanks Vanilla.

In fact, it's almost a year after probate was granted but it's three years altogether since the the whole thing started. The solicitor took 2 years to get probate and I can appreciate that some of the delay there mightn't have been his fault, but after probate was granted surely there should be no further delay - certainly not a year?

The problem now is that he's not just asking Mum to pay the fee, but to sign a document saying that she's happy with the accounts, including the fee. She obviously can't sign this because she doesn't agree with the fee.

Has he any right to hold on to all the rest of the money? If she says she approves the accounts except the fee, can she demand that the funds minus the disputed fee are released to her immediately, since she is the executor, not the solicitor?

 

[Vanilla]

I can appreciate that some of the delay there mightn't have been his fault, but after probate was granted surely there should be no further delay - certainly not a year?

On the face of it I wouldn't think so, but without knowing all the details, I can't be sure.

Has he any right to hold on to all the rest of the money?

No

If she says she approves the accounts except the fee, can she demand that the funds minus the disputed fee are released to her immediately, since she is the executor, not the solicitor?

Yes. And if he doesnt agree she can go down the complaints procedure with the Law Society.

 

[pjq]

If you want some justice try Joe Duffy on RTE 1 13:45 to 15:00 .

pjq

 

[candystripe]

Thanks Vanilla and pjq.

Has he any right to hold on to all the rest of the money?

No

If she says she approves the accounts except the fee, can she demand that the funds minus the disputed fee are released to her immediately, since she is the executor, not the solicitor?

Yes. And if he doesnt agree she can go down the complaints procedure with the Law Society.

That's good news. I was afraid there might be an "I've started so I'll finish" type situation where he could insist on holding everything until the estate was finalised, though it wouldn't have been reasonable.

Might hold Joe Duffy in reserve..!