# No Will - Rights of Children



## pele10 (28 Feb 2012)

Ok, a cousin of mine has the following scenario is looking at what he can do.

His Dad died just over a year ago and did not make a will. They went to see the solictor and said that it would be more complicated as there was no will but would be sorted before the end of year. Anyway the solictor seems to be either a liar or incompentent, or both. Various forms were due to be sent in at various times and where never sent. He would tell them one thing and then advise the opposite in the next meeting. there are some complications are there are outstanding loans for sites, a sizeable farm, a LTD company etc. Things only get done when they follow up and all in all its go very stressful for them. At one stage they had set the wheels in motion to move the whole affaries to another solictor, he was that bad. He managed to talk to the mother into staying with him promising it would be done dusted before xmas. 

Anyway into New Year, same old story, more Excuses and turns out stuff he said was done was not, even basic things for the Probate office, let alone dealing with banks. Anyway the children are rightly fed up and want to know what their rights are to get the information on what has been done far by him. Any request for the info are always met with an excuse, calls not returned.

Could they hire their own solictor to send a solictor's letter to get the information and/or represent them as legally they are entitled 1/3 of the estate? They are all quite young though and adding additional legal people will mean higher cost.

Any ideas on best course of action?


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## 44brendan (28 Feb 2012)

This seems to be a position where the best option is to consultant an independent solicitor. They could complain to the Law Society if they feel that they are not getting a satisfactory response from the existing solicitor & perhaps a threat of this might elicit a more proactive response from him.


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## Bronte (1 Mar 2012)

pele10;1246343. there are some complications are there are outstanding loans for sites said:
			
		

> That does indeed sound complicated and complicated takes time.  Who exactly is not happy, the children or the mother, who is the executor, what age are the children, who meets the solicitor.
> 
> The best course of action is a united front, hiring another solicitor is only basically going to mean double costs.  So far it's unclear the original solicitor is not acting properly.


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## pele10 (1 Mar 2012)

Bronte said:


> That does indeed sound complicated and complicated takes time. Who exactly is not happy, the children or the mother, who is the executor, what age are the children, who meets the solicitor.
> 
> The best course of action is a united front, hiring another solicitor is only basically going to mean double costs. So far it's unclear the original solicitor is not acting properly.


 
Thanks for the reply. 

Two main issues with the current solictor
1. In one meeting he advises one course of action and then in the next meeting he will advise the exact opposite, meaning that weeks and even months are wasted. Happened at least three times
2. At certain points he has said he has submitted various required documents to revenue, probate office when the family follow up on the current situtation. Weeks later they will follow up and there is excuse that it must be postal delays etc. when the family investigated it with the office in questions, he sent it weeks later than he orginally told them it was sent it. It clear as day he is lying to them and then trying to cover his track.

One train of throught is that he is dragging it out to increase his own fee and also gain the interest on the cash in the estate which would be considerable. Once the estate is settled, does that interest goes to the solictor or the estate? If for instance the solictor went bust, what would happen to that money?

I think you are right about the a second solictor meaning double costs, if they are not happy the focus should be on changing solictor.

In cases like this, would that be a diffciult procedure esp if the current solictor makes it a difficult transition?


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## pele10 (17 May 2012)

Four Months later and still not much progress on this situtation.

The current position is that the solictor in question is still very cagey and vague on what has been completed to date. It turns out some bills have not been paid out of the estate. There was also a sale of a site in progress at time of death and he confirmed 'verbally' than he has been on contact with the buyers over the last year. This turned out to be false as no contact was made.

He has advised that each of the children waive their rights to the estate and pass all to the mother to make matters easier. There are various complications in relation to estate, sites with outstanding loans being one. (At the time of the death sale of one site was in progress to pay the loan).

In response to the advice on the waiver, one of the children has sent a formal letter to the solictor requesting a full progress report on everything that happened in 15 months since the death including all correspondence with financial institutions and his own fee to date. 

This formal request and intent to bring their own solictor has resulted in the solictor sending some very formal letters. 

Any advice on next steps if the information is not sent out in a timely and complete manner?


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## hastalavista (26 May 2012)

Just reading this: is the subject not about issues with a solicitor as opposed to rights of children, which you already stated in the first post as being 1/3 between them.

Three concerns here: 
is what arrangement has been made re the level of fees to be paid?
are the tax returns for the Ltd Co up to date because revenue very sticky now on late filings.
Who are the directors and shareholders in the company? 

As to what I would do: I would file a complaint with the Law Society now, glaciers move faster but the sooner you get it underway the sooner it will get done


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