can I make a case to the Law Society/Taxing Master?

[SimonQ]

My elderly mother died some time ago, and my siblings and I are trying to sell her house. Unfortunately, the solicitor involved in the probate and house sale has been desperately poor in terms of service (to the extent that it has cost us a couple of purchasers). Hopefully we're almost done with him now - fingers crossed sale will close next week - so I don't want to rock the boat right now.

However, once this whole sorry saga is over can I make a complaint about the solicitor to the Law Society or try to get the fee reduced by the Taxing Master, or can this only be done by the executor?

It was the executor who entered into the agreement with the solicitor to process probate and sell the house, on behalf of us (the beneficiaries). Since the executor's an elderly lady I don't want her to have to do anything more in terms of complaining (I think she's already bamboozled by the whole experience to date), but the service received is absolutely not what was promised. Can the beneficiaries lodge a complaint, as the people who have been disadvantaged by the solicitor's (in)action?

 

[Hasslehoff]

ask the solicitor for a figure for fees and outlays to date. Is he charging on a time based structure or just the usual finger in the air fee based on the work, complexity and so forth. Whne you get that you can ask the LS to

Any fees will come from the estate and to be honest the sols love these cases especially when a sale is involved. Make sure the sale price is good and that you have no concerns over the purchaser.

You can always complain to the law society but for the most part its a worthless exercise unless the sol has had previous complaints.

 

[Hasslehoff]

sorry something wrong on my keyboard....i am concerned that it has costs you a couple of purchasers, i would have moved the file at that stage.

 

[Gordanus]

You can always complain to the law society but for the most part its a worthless exercise unless the sol has had previous complaints.

I have complained to the Law Society re a number of firms (I work a lot with solicitors) and you wouldn't believ the speed of the reactions! Well worth the small inconvenience of complaining. Firms who hadn't been responding over a period of FOUR YEARs of writing, phoning etc suddenly sorted everything out within a week.

 

[Madangan]

[

My elderly mother died some time ago, and my siblings and I are trying to sell her house. Unfortunately, the solicitor involved in the probate and house sale has been desperately poor in terms of service (to the extent that it has cost us a couple of purchasers). Hopefully we're almost done with him now - fingers crossed sale will close next week - so I don't want to rock the boat right now.

However, once this whole sorry saga is over can I make a complaint about the solicitor to the Law Society or try to get the fee reduced by the Taxing Master, or can this only be done by the executor?

It was the executor who entered into the agreement with the solicitor to process probate and sell the house, on behalf of us (the beneficiaries). Since the executor's an elderly lady I don't want her to have to do anything more in terms of complaining (I think she's already bamboozled by the whole experience to date), but the service received is absolutely not what was promised. Can the beneficiaries lodge a complaint, as the people who have been disadvantaged by the solicitor's (in)action?

Im not doubting you when you say the service was terrible but it would help if you gave an example or two.

Also can you explain how the solicitor cost you a couple of purchasers?? You may be right but it is sooo very easy to blame the solicitor that without concrete examples its hard to advise you as to whether there is any point in going to Law society or querying the bill.

 

[SimonQ]

Is he charging on a time based structure or just the usual finger in the air fee based on the work, complexity and so forth

The executor agreed an overall fee (before outlays) with the solicitor for processing probate and selling the house at the outset, which was a percentage of the estate.

Im not doubting you when you say the service was terrible but it would help if you gave an example or two.

Also can you explain how the solicitor cost you a couple of purchasers??

The biggest problem was time. "Oh yes, I'll set up an executor's account." Then nothing done for 2 months. "Oh yes, I'll contact the bank to get funds transferred." Nothing for another six weeks. "Oh yes, I have the deeds of the house on file." Delay for another two months. No response to any communication from executor, who is a lovely but rather timid old lady. They clearly just put her right to the back of their priority list, as someone who probably wouldn't make a fuss.

It became most evident when we were trying to sell the house because they simply didn't send out the documents to potential purchasers' solicitors! Our estate agent was going bananas. On two seperate occasions, she had buyers lined up who lost interest when they had to wait months for contracts/title documents or for queries about the property to be answered.

When it was clear the executor was too gentle-natured to be effective (and we didn't want to pressurize her or put her in an awkward situation), my brothers and I tried to contact the solicitor ourselves to sort out the problem and were basically told to get lost - the executor was the client, not us.

That's why I'm wondering whether the Law Soc will entertain a complaint from us (beneficiaries) or whether it will be the same story, i.e. does the complaint need to come from the client (executor).

 

[Madangan]

The executor agreed an overall fee (before outlays) with the solicitor for processing probate and selling the house at the outset, which was a percentage of the estate.
The biggest problem was time. "Oh yes, I'll set up an executor's account." Then nothing done for 2 months. "Oh yes, I'll contact the bank to get funds transferred." Nothing for another six weeks. "Oh yes, I have the deeds of the house on file." Delay for another two months. No response to any communication from executor, who is a lovely but rather timid old lady. They clearly just put her right to the back of their priority list, as someone who probably wouldn't make a fuss.

It became most evident when we were trying to sell the house because they simply didn't send out the documents to potential purchasers' solicitors! Our estate agent was going bananas. On two seperate occasions, she had buyers lined up who lost interest when they had to wait months for contracts/title documents or for queries about the property to be answered.

When it was clear the executor was too gentle-natured to be effective (and we didn't want to pressurize her or put her in an awkward situation), my brothers and I tried to contact the solicitor ourselves to sort out the problem and were basically told to get lost - the executor was the client, not us.

That's why I'm wondering whether the Law Soc will entertain a complaint from us (beneficiaries) or whether it will be the same story, i.e. does the complaint need to come from the client (executor).

Simon Q,

Sorry for the delay ..I forgot all about you! While other delays may be a bit annoying the serious one is the loss of potential sales due to not sending out contracts, although there may be another side to this i.e you may not know the whole story( as this would be very unusual as otherwise solicitor does not get paid so no earthly reason for delaying not once but twice!) Are you sure these were genuine purchasers as at the risk of repeating myself..this is bizarre behaviour,

If what you say is correct then if you are a beneficiary under the estate you can make a complaint direct to Law society AFAIK. Your elderly relative will find out so you should be aware of this.

 

[SimonQ]

Thanks Madangan.

Payment isn't an issue for the solicitor. They already have their money so no motivation there. You see, the fee for doing the house sale and processing probate were all joined together so they just took them straight out of the estate in advance. The money from the estate that they distributed to us was net of the fee. (Should they have done this, or should they have given the beneficiaries the entire estate and then billed us to get their fee?)

I'm not worried about the executor knowing we've complained. It's more that I don't want her to have the trouble of doing it herself, if we (beneficiaries) can do so instead.

 

[Madangan]

Thanks Madangan.

Payment isn't an issue for the solicitor. They already have their money so no motivation there. You see, the fee for doing the house sale and processing probate were all joined together so they just took them straight out of the estate in advance. The money from the estate that they distributed to us was net of the fee. (Should they have done this, or should they have given the beneficiaries the entire estate and then billed us to get their fee?)

.

It is perfectly in order for them to deduct fee before giving you(and other beneficiaries) the net residue..otherwise solicitors would have to chase numerous people for their fee! Especially as they did agree a fee with their client.

If you feel their work was not up to scratch and they cost you money then you can report them to Law Society but what exactly are you hoping to achieve??? If they were negligent and as a result of their negligence you lost money do you hope to recover this? The law society would tell you to get independent legal advice to see if you have a case for suing them for your loss.

I would repeat however that it seems very strange that solicitors would not send out contracts on two occasions to genuine purchasers..perhaps there were problems you know nothing about or real reasons preventing them from so doing. You need to be certain of your facts before you go to law society.

 

[SimonQ]

Well, one would have thought that if there was an explanation for their actions they would have provided it, when they were explicitly asked to do so. Instead, they ignored the communication, like so many others.

 

[mangos]

Hi

In the first instance, if I were you I would write directly to the Law society and outline your complaint. You can request that your solicitor not be contacted until they have replied. It is my undertstanding that a solicitor is obliged to make a beneficiary aware of progress in probate. However, the executor of the will is in effect the client and not the beneficiary. So if you need to see files etc, you are not entitled to so unless it has to do with the distribution of the estate etc. Therefore you should write to the law society who will outline your rights. I found the law society very very helpful when I wrote to them. Although I did not pursue a formal complaint I was able to write to the solicitor knowing what my rights were and she had to reply because I suspect she realised I had taken advice. Also perhaps as a beneficiary you might consider writing by registered letter to your solicitor outlining your complaint and giving him/her ten days from date of your letter to respond. Generally too the law soc take about 10-15 days to respond to your queries.

I hope this is of help-good luck

Mangos