Incorrect Distribution Of Will

Pugmister

Registered User
Messages
121
Hi All,

Hoping someone could advise on the best course of action for the following situation.

My mother inherited a commercial property three years ago from her late brother. All cash elements of his estate were left to an individual whom we do not know all that well.

From the date of death until probated was granted all rents were to be paid into the solicitors clients account until such time as my mother took ownership of the property and a new lease agreed with the tenant.

All but one months rent was paid to the client account. The missing months rent was paid into her late brother bank account and subsequently distributed as part of the cash element of his estate.

The solicitor has admitted it was an error by his office when advised of this almost 12 months ago and said he would resolve the issue. I have sent repeated emails over the last 12 months with the majority being ignored and the ones that have been responded to have said he has been very busy and will attend to the issue next week.

Is there any other avenues we can explore or governing bodies we can contact to resolve this issue. The amount outstanding is 3k and all fees relating to probate and new lease were fully paid by my mother.
 
As The Horseman says.

My inclination would be to write a letter to the solicitor.
Set out the relevant facts as you understand them to be.
Ask for a statement of the present position in terms of confirming what work has been done, what remains to be done and if the specific error has been corrected.
I would send my letter by registered post so that there is no excuse for it not having been received.
I would set a time limit of two weeks from the date of the letter by which to have received a reply in writing.
Even if your letter is answered by a telephone call insist on a written reply.
I would finish by indicating an intention to contact the Law Society as per The Horseman above.

Here is a link to the Law Society in relation to complaints
 
Thank you DirectDevil and Horseman, i am going to start drafting a letter this evening. I am fearful of mentioning the law society as the solicitor in question has a pretty well known practice in Dublin 2 and really has an air of superiority and can turn quite confrontational when questioned from past experience. I will update to let you know how things progress
 
The missing months rent was paid into her late brother bank account and subsequently distributed as part of the cash element of his estate.

Could you short circuit the solicitor and go directly to the recipient?

If I had been given €3,000 to which I was not entitled, and received a letter explaining it, I would send it back.

Brendan
 
Could you short circuit the solicitor and go directly to the recipient?

If I had been given €3,000 to which I was not entitled, and received a letter explaining it, I would send it back.

Brendan
Might there be tax implications down the road by doing this?
 
Thank you DirectDevil and Horseman, i am going to start drafting a letter this evening. I am fearful of mentioning the law society as the solicitor in question has a pretty well known practice in Dublin 2 and really has an air of superiority and can turn quite confrontational when questioned from past experience. I will update to let you know how things progress

The solicitor has admitted it was an error by his office when advised of this almost 12 months ago and said he would resolve the issue.

End of.

Don't be remotely fearful about this guy- I doubt very much you'll ever want to use him again- get that letter to the Law Society now.

mf
 
Could you short circuit the solicitor and go directly to the recipient?

If I had been given €3,000 to which I was not entitled, and received a letter explaining it, I would send it back.

Brendan

In theory yes we could however my little has only ever spoken to the person who received the money once and has no contact details for them. We also have no way of 100% showing that they received these funds as they could potentially argue that the solicitor has not reconicled his own account correctly.
 
I am fearful of mentioning the law society as the solicitor in question has a pretty well known practice in Dublin 2 and really has an air of superiority and can turn quite confrontational when questioned from past experience.

You had better back down so. Don't want to upset superior people
 
In theory yes we could however my little has only ever spoken to the person who received the money once and has no contact details for them. We also have no way of 100% showing that they received these funds as they could potentially argue that the solicitor has not reconicled his own account correctly.

Whilst appreciating the practicality of Brendan's suggestion I would not take that path given the background circumstances.

If you open up a new front with another party that is exactly the sort of scenario which slippery devils like to use to create tendentious confusion and evasion. The solicitor made the professional error so he is the one to resolve it or pay for another solicitor to do so.

BTW these situations can turn quite unpleasant but that is no reason to be put off.
That is also why I cautioned about sticking to facts as you understand them when writing.
Write the letter as if it was going to be read aloud in court so you can be happy with it before sending.
Onwards and upwards...................
 
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