Who has the authority to pay out - The Executor or the Solicitor?

Vanilla said:

Unfortunately in this world of 'i will do what i like and even if i'm wrong i can always sue someone, hopefully my solicitor' solicitors are wise to be cautious.

It may well have formed part of the initial letter/contract of engagement with the solicitor which forms the basis on which the solicitor will act. Law Society states that these indemnities should always be obtained. There are guidance committees that the solicitor could obtain a steer from if they are unsure about their exposure where one beneficiary will not sign. I've certainly come across it before and it is a difficult issue.

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I'd be interested in seeing some case law which supports the Law Society guidelines. Every citizen has a statutory right to sue. I've seen Judges go through people for a short cut for forcing people to sign away statutory rights in other situations. Personally I think it is appalling that a solicitor or executor would dictate that someone signs something like this to receive money which is rightfully theirs to receive without restrictions.

I am a practising solicitor and can see this from both sides point of view. Obviously the executor and beneficiaries want this all wrapped up ASAP but the solicitor is exercising caution, probably because he fears that if some sort of challenge is brought if the estate has largely been distributed there will be insufficient assets to fund the costs of such a challenge and if this chap were to be successful then a whole host of problems arise.

If I were the solicitor in that situation I would probably advise that counsel's opinion be obtained on the appropriate course of action. It may also be possible to obtain directions from the Court.

Mr. C.J.H. said:

If I were the solicitor in that situation I would probably advise that counsel's opinion be obtained on the appropriate course of action. It may also be possible to obtain directions from the Court.

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And who's going to pay for all of that, counsels opinion and going to court costs a lot of money.

Can the executor order the solicitor to put the funds into an account that the executor controls?