# Solicitors: not happy with Solicitor and wants to change.



## woolly (17 Feb 2005)

Hi 

My neighbour is not happy with his solicitor and whats to change solicitors. Will he need to ask his old Solr for all his files or is that something that the new Solr can do. Also he has just been given probate on his late sisters assets and his current Solr has all the files. Can my neighbour file in the inheritance tax form himself and what does he have to do to get access to his late sisters cash.



title edited by ajapale


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## Vanilla (17 Feb 2005)

*Re: Solicitors: not happy with Solicitor and wants to change*

Either he can collect his files himself or he can get new solicitor to do so. If he does it himself, I'd suggest he makes an appointment to do so - clearly telling the solicitor that he is calling to collect his files so they can have them ready.

He can do his inheritance tax return himself without changing solicitor if he wishes.

If he is the personal representative, he can access funds immediately.

If not, he will have to show clearance from CAT before the per rep can distribute. Similarly the tax office and dept of social welfare also have to give clearance before the per rep can distribute as the per rep has a secondary liability to pay income tax, refunds to DSW and CAT.


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## woolly (17 Feb 2005)

*Re: Solicitors: not happy with Solicitor and wants to change*

Thanks for that. He has to pay back money to the DSW and also money for Inheritance tax. Does he need to pay this from his own funds before he can get access to his sisters assets or how can he go about paying them from his late sisters money. Or if he goes to a new solr can he look after this. 
If he pays the DSW & Inh Tax out of his own funds what will he need to do to get access to his Inheritance


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## Vanilla (17 Feb 2005)

*Re: Solicitors: not happy with Solicitor and wants to change*

You havent said if hes the personal representative. However it would be normal that repayments to DSW and the tax office would be made out of the estate funds. As I said it is the personal representatives responsibility to ensure these payments are made, so if he is not the per rep, usually the per rep would not distribute the funds in the estate unless and until given clearance to do so by the DSW and inspector of taxes. Again in relation to the CAt, if he is not the per rep, he could do his own calculation and on foot of revenue approval of the calculation ask the per rep to pay the CAt directly to the revenue. Once clearance from CAT is obtained, then distribution can take place.

Now, of course if he is the per rep, all of the payments are his responsibility in the first place and he should have immediate access to the funds if he wants.


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## woolly (17 Feb 2005)

*Re: Solicitors: not happy with Solicitor and wants to change*

Hi Vanilla thank you for all your help. My Neighbour is the sole benificary of all his late sisters assets so those this make him the per rep. If so could you tell me what he needs to do to get his money. He is sending in the Inh Tax IT38  form on Mon.
and if it will speed up the process he will pay the DSW early next week out of his own funds


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## Vanilla (17 Feb 2005)

*Re: Solicitors: not happy with Solicitor and wants to change*

Being the sole beneficiary does not necessarily make him the per rep. Was a will made? If so, was he appointed sole executor? Executor is the same thing as per rep. If no will was made, was he the administrator of her estate? Administrator is the same thing as per rep. If the funds are still with the financial institutions, they will require sight of the original grant before releasing funds. They may also require tax clearance if releasing to an individual rather than a solicitor. In that case, getting a calculation agreed by  the revenue is the thing to do, and then get the bank or other institution to release a cheque made payable to the revenue for the tax. If the solicitor holds the funds, he must request release of funds from the solicitor.


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## woolly (17 Feb 2005)

*Re: Solicitors: not happy with Solicitor and wants to change*

There was no will but he gets her assets through Survivorship as he is her only living relative. All his paper work to date has been done by his Solr so does his Solr have control of the funds? how would I find this out? and if his solr has control of his funds how does he get control off his current Solr.


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## mf (17 Feb 2005)

*Re: Solicitors: not happy with Solicitor and wants to change*

One big issue is the payment of the current solicitor's fees. The solicitor has no obligation to release the files  and all the essential paperwork until he has been paid. 

In any event, if the friend is not happy with the solicitor he should notify solicitor not to do any more work on the file. Pay the solicitor and then he can have his files. Once he has the files, he can try and finalise issues himself or else, if it is all quite complex ( and it does sound a little difficult) get another solicitor to act. The first solicitor might accept an undertaking from a new solicitor to have his fees paid on the realisation of the estate. 

mf  

mf


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## Vanilla (18 Feb 2005)

*Re: Solicitors: not happy with Solicitor and wants to change*

Yes, of course mf is right that the first solicitors fees must be paid, but you havent mentioned that that is an issue, so I am assuming he is aware of that. In any event, the solicitor will advise him. If he is the only living relative, then he is almost certainly the administrator as long as he is resident in this country. So all he has to do is to inform his solicitor that he wishes to take matters into his own hands from now on, and his solicitor will no doubt do up his bill of costs and after deducting same, handover the balance.

Now, although what I am telling you is that your relative CAN take it from here himself, unless he has some expertise in these matters, I would advise him not to. Employ professional help. It very likely will save him money.


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