Thanks for replies.
I have now found the keys with a solicitor who is in the same office as the executor of my sisters will was, who has since retired but apparently is still the executor of the will and responsible for drawing up deed of assent. I find that strange. What would happen if executor died?
Not strange.If executor had died a de bonis non grant would need to be taken out. There may have been any number of reasons why assent not done until life tenant died. If I were solicitor(and provided no other relevants facts exist) I would prob have done assent earlier but as we dont have all facts and as Executor not dead it is not a problem so move on
To get house in children's names a "deed of assent" has to be drawn up and signed by the executor etc. The executor can stipulate who deals with the legal side and will no doubt recommend his own firm.
Nothing wrong with that and as executor is now retired its not like he is getting anything out of this so again move on
I got involved as the nephew was getting no replies to emails he was sending to the to the solicitors office of the executor using the website email address but addressed to the named executor in that office within the emai. lI rang office and enquired about non response and was advised the website email address was defunct ie they were not opened. Make what you will(oops) of that
Move on
I don't think any of the children are best pleased with this group of solicitors and want shot of them quickly. Incidentally they never met the executor, all done by letter.
I asked for a quote for drawing up assent form and sale of house and was given a very wishy washy reply ie no quote would be given.
I have said move on to many matters as they are either irrelevant or of no major consequence and are distracting you and the beneficiaries from the important issues. This is the important one. They must give a written quote of likely fees to their client but the client is technically the executor! However in my opinion it is totally unreasonable ,when specifically asked by those who ultimately bear the cost i.e the beneficiaries,not to give a reasonably accurate estimate of fees now.
The 4 children have very little money.
Can they get their own solicitor who will give a quote upfront and ask the executor to use them to draw up deed of assent?
I would suggest that you get the beneficiaries to appoint you or one of them as the designated spokeman and then try to arrange a friendly meeting with executor in solicitors office so all matters can be discussed including time frame for work fees etc... Keeping it friendly is in your interest. If this is refused then at that point advise that you have been quoted a fee for the preparation of assent etc.. and say that if they cannot meet it then request executor to instruct another solicitor...worth a shot..but to be honestI dont see that the solicitor has done anything much wrong to date save that they may feel somewhat under attack and speaking from experience if I think I am going to be under constant fire from clents who dont know me I am not best inclined to give them the finest deal of all time..human nature
And should the solicitors office have notified them when the keys were handed back last year?
Not in my opinion as house only vests in them on death of stepfather!
House has been empty since August 09. Solicitors were advised that stepdad had a terminal illness and was going back to uk to stay with family etc
Man only died in December before the Christmas break so its not like the solicitors have been sitting twiddling their thumbs for months!!!
noah
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?