Solicitor holding inheritance

Thanks for all the advice above, I send the attached letter today, I have a feeing it will make everything worse, but I'll go to the law society if she doesn't respond.

I am writing to address the delay in transferring my inheritance, which you have retained for nearly a year. The prolonged withholding of these funds has caused me significant distress, particularly when I requested money for a house deposit, after settlement terms we agreed & signed, only to find that my request needed approval and you had to be contacted on holiday. This was never a requirement for the other party during the divorce process, despite me bringing up this issue on multiple occasions. I now need funds to cover the mortgage on the rental property until the sale goes through.
Additionally, I am viewing houses, and need funds available in my own bank account, should I wish to secure a house with a deposit. I should not have to ask for permission to access this money each time I am in this position. It is entirely up to me how I spend these funds.

When we first discussed your fees in March 2023, you quoted an amount between €10,000 and €15,000. I was shocked when the final bill came to €23,000, far exceeding the estimate. I was not informed that the fees were escalating so dramatically, nor was I provided with a detailed breakdown of the final costs. In the terms of business that I signed, you state that:

"If we become aware of an issue that means that the legal costs in your case likely to be incurred will be significantly greater than what is disclosed or indicated in this notice, we will, as soon as may be after we become aware of that factor, provide you with a new notice"

Additionally, I was not given any specific fee allocation for the barrister’s services, which I had expected to be included in the original quote. Despite several requests, I still have not received clarification on the cost of the barrister’s fees.

The unexpected and substantial increase in your fees has put me in a difficult financial situation. As a result, will delay my ability to purchase a house as planned, and I will need to remain in the family home until I can recover from this unanticipated expense.

I kindly request that you transfer the remaining balance of my inheritance to my bank account within the next couple of working days.
 
Chop all of it except your first and last sentences.

Dear Ms Solicitor

Your Reference: xx/yy
re Estate of the late J Smith

I am writing to address the delay in transferring my inheritance, which you have retained for nearly a year.

The remaining balance of my inheritance is to be paid to my bank account (IBAN: xxxxx) by NNth September 2024.

If it is not paid by this date, a formal complaint will be made to the Law Society.

Yours sincerely

@Sj7791
 

I suggest that you contact the Law Society with a formal complaint. "I wish to register a complaint. Solicitor XXX has retained funds inherited by me for nearly a year with no reasonable explanation."

If you wish to write to the solicitor first, and I don't see why, then I am sorry to say this SJ but your letter is not well written, use DannyBoyD's sample.

Good luck and let us know.
 
Guess: this solicitor has a little gap in their client account, and are using you to fund it. Perhaps they released funds prior to drawdown on a "friends" mortgage or distributed someones estate a little early.

You've gotten the advice you need above.
 
The only possible explanation that I can see is that if your divorce proceedings said you had to buy a house with the funds being held, then the solicitor is ensuring that this is complied with. But that is just bananas, your an adult.

Do follow Dannysboy advice, short, simple, no need to add any feelings or emotions or side notes to it.
 
2 separate issues.

Get your cash then address service and costs.

Solicitors are obliged to balance their client accounts 4 times a year now and have 2 of these balancing statements checked but an independent accountant so it is unlikely that the cash has gone missing. I know that does happen but I wouldn’t jump to that conclusion. Having said that why on earth would they not just pass it on to you and close the account.

As part of the quarterly balancing they are also supposed to look at overdue accounts and yours will hit that list soon so they have to provide an explanation to their accountant who has to be satisfied or s/he adds that to a list sent to the Law Society. It makes more sense for the solicitor to close it up and simplify their records
 
Thanks all for the advice, I checked through my settlement document and nowhere does it state that inheritance must be used to purchase a house, although that is what most of it will be used for, but on my terms, not the solicitors.... I glad to hear that it's unlikely she 'misplaced' it :) I've sent the toned down letter, leaving out the fees issue, so fingers crossed I'll have a update this week...
 
Oh another thing, she made sure she was the nominated solicitor for the 2 house sales in the settlement, her partner is the property side of the firm... I was so bamboozled by the divorce itself I didn't query....
 
Let us know how you get on.

You'll be getting another solicitor after this.

Its hard to stop the tape playing round & round in your head; but stick with job number 1 for now which is to get your money.
Thanks so much, you are all so helpful here :) I send the letter on Monday, only 2 days, so fingers crossed I get a response before end of week
 
This is dreadful.... It is LSRA legal services regulatory authority you need to go to, I had a solicitor issue last year, the law society no longer deal with complaints. The LSRA deal with such matters, it can take time though, you may need to follow up with them, we had a successful outcome.... The LSRA found in our favour and the recommendation was the solicitor repay funds he was paid for work which he never did.... Best of luck, this situation is outrageous
 
UPDATE
so after several emails back and forth, arguing, and getting nowhere, me threatening to lodge a complaint, my solicitor finally transferred inheritance last Thursday, I suspect she just got so sick of me that it was easier to shut me up! So I'll never get to the bottom of what the issue was, but it's resolved for now. Unfortunately I have the pleasure of dealing with her partner, for sale of family home and rental property as part of divorce agreement, but hopefully that's minimum contact, and should be done by Christmas. Thanks for all the advice. Really appreciated ☺️
 
Unfortunately I have the pleasure of dealing with her partner, for sale of family home and rental property as part of divorce agreement, but hopefully that's minimum contact
You could easily find yourself back at square one.

Get another solicitor, I would have absolutely nothing further to do with these people.

By the way I'd still lodge a complaint about her behaviour, she needs to be checked....good and hard.

Her carry on is utterly disgraceful.
 
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