Beneficiaries and their solicitors

I am execetor of a will with quite a few beneficiaries. I have instructed a solicitor who is working on this matter and preparing the SA2. I am trying to cut down on estate costs and had quite a chunk of work done on probate before I instructed a solicitor who was quite impressed with the work done & agreed a price bearing in mind the work I had done.

Now one of the beneficiaries has raised non complicated queries through their solicitor to rheso I proceeded to respond to the beneficiaries solicitor via email to answer the queries... This solicitor responded by saying she'll only deal with the estate solicitor.. I haven't instructed the estate solicitor to reply to this solicitor so my question is can a beneficiaries solicitor demand this?

Why does the beneficiary have any questions at all?

You're not obliged to answer them.

If they want info and you're prepared to share it, they can take it from you & not generate unnecessary costs.

Otherwise, they can wait in line.

DannyBoyD said:

Why does the beneficiary have any questions at all?

You're not obliged to answer them.

If they want info and you're prepared to share it, they can take it from you & not generate unnecessary costs.

Otherwise, they can wait in line.

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Thank you for your reply. Can a solicitor insist on only dealing with the estate solicitor and ignore the execetors reply?
I did expect some questions & I've no problem answering them as I feel it's my role to keep beneficiaries informed but it's this solicitor that is refusing to deal directly with me has annoyed me. It's like I'm a nobody

As Danny points out you are not obliged to answer any questions at this stage.

The beneficiary's solicitor can refuse to talk to you but you should instruct your solicitor to ignore correspondence from anyone other than correspondence which your solicitor initiated.

Brendan

The estate solicitor works for you and in accordance with your instructions.

Make it clear to the beneficiary’s solicitor that these instructions don’t extend to dealing with queries that you can satisfactorily deal with yourself. Her acceptance of your position is her own business but not something you should be concerned with.

Instruct your own solicitor not to engage with her either.

I concur with all advice given. OP can do as they see fit, so long as they are acting within the law and in the best interests of the estate.

The demands of beneficiaries or their solicitor can be treated the same way as the demands of a spoilt 2 year old, including totally ignoring them if it comes to it.

Just to be 100% clear, the "estate solicitor", is actually the executor's solicitor. The executor is not obliged to answer questions or correspondence from beneficiaries or their solicitors, the executor's solicitor may not communicate with anyone other than the executor, without specific instructions.

Thank you all so much for your replies

Another question on this same topic
Am I correct in insisting to a beneficiary that an execetor can instruct any sol they want to act for them. I have a beneficiary insisting I should have used the sol that held the will and as I didn't I should have consulted the beneficiaries first.

Sailorgirk said:

have a beneficiary insisting I should have used the sol that held the will and as I didn't I should have consulted the beneficiaries first

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Tell them to take a hike; don't enter into any debate with them.

There's a quote from somewhere or other that goes a long the lines of he who bears the responsibility makes the decision.

It seems apt here.

Sailorgirk said:

I have a beneficiary insisting I should have used the sol that held the will and as I didn't I should have consulted the beneficiaries first.

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You’re under no obligation to do so. You’re the executor. These decisions are your call.

Assuming the suggested solicitor is the one who didn’t want to deal directly with earlier, it’s perhaps more understandable now. She lost out on the business she thought was hers.

Sailorgirk said:

I have a beneficiary insisting I should have used the sol that held the will and as I didn't I should have consulted the beneficiaries first.

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As others have said, choose whatever solicitor you like.

Some of the other beneficiaries questioned why I was appointing a solicitor other than the solicitor who drew up and held my parents will. As executor, I didn't have to give an explanation but did so, explaining that the original solicitor was quoting more than double the prices that I was getting from others, no one then had an issue with it. I also answered other questions that I was not obliged to answer.
I accept it will not always be the case, but often a simple explanation is all that is needed to keep the peace.

Probate and house sale went through promptly. We all benefited financially and there are no divides in the family going forward.

Thank you. I did try and explain various reasons why I chose the sol I did but it didn't satisfy this beneficiary.
I've been asked to send on legal legislation /act or equivalent that quotes that execetors have a right to choose a sol.

Sailorgirk said:

Thank you. I did try and explain various reasons why I chose the sol I did but it didn't satisfy this beneficiary.
I've been asked to send on legal legislation /act or equivalent that quotes that execetors have a right to choose a sol.

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Fair enough, no further correspondence with this beneficiary so.

Sailorgirk said:

asked to send on legal legislation /act or equivalent

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Thank them for their interest, and you won't be entering into any further correspondence at this time.

Sailorgirk said:

I've been asked to send on legal legislation /act or equivalent that quotes that execetors have a right to choose a sol.

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Ignore. Suggest perhaps that they identify a legal provision that precludes you from doing so.

Zobeda said:

There's a quote from somewhere or other that goes a long the lines of he who bears the responsibility makes the decision.

It seems apt here.

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I’m probably less diplomatic than @Zobeda but the quote I’d rely on ends “….. and the horse you rode in on”.

The role of executor is tough enough without this nonsense. Don’t give these people the time of day.

Salvadore said:

Ignore. Suggest perhaps that they identify a legal provision that precludes you from doing so.


I’m probably less diplomatic than @Zobeda but the quote I’d rely on ends “….. and the horse you rode in on”.

The role of executor is tough enough without this nonsense. Don’t give these people the time of day.

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Thank you all.. Yes tough doesn't come close. Just everything is picked at but I'm going to ignore from now on.

My sister died, as sole beneficiary and co executor I am having issues with the other executor who is a solicitor, delays, talking to family members and billing the estate for this. I have had to chase for things to be done, he is insisting I wait 10 months after probate to receive my inheritance. That will bring it to 19 months after my sister passed. Can they force 10 months after probate?

Co-executors, a recipe for disaster, discord, extra costs, and complication. An aunt of mine died intestate and her brother and sister, now both also deceased, were appointed representatives. The legal bills were through the roof, they were insane! Two of my cousins, not siblings, cousins, one of them a solicitor, claimed they were promised to inherit on my aunt's death, no writing was ever produced of course but they caused strife and hurt in the family by their behaviours.

Instruct your co-executor in writing, requesting detailed written acknowledgment, that his sole client is you and that his exclusive responsibility is to you and that he immediately cease all communications in relation your late sister's estate with anyone other than you, his sole client in the matter.

Tell him you want the charges levied against the estate by him for advice to the non-executors, and non-beneficiary family members reversed and to explain to you in detail the thinking behind his advice and his actions. Tell him clearly, as he seems not to understand, that any action by him may only be taken on your specific written instructions.

Tell him your instructions are that he act with all due care and attention, but without undue or his suggested delay.

IANAL but an experienced executor and observer.