Solicitor costs

Discussion in 'Wills, inheritances and gifts' started by Sleepy, May 4, 2018.

  1. Sleepy

    Sleepy New Member

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    I was executor for my brothers will. All was straightfwd. His home left to one son,no issue there. Residue to his other son. The residue only consisted of a one fifth share in another house(this was earlier left by my parents to their 5children). It should have been a simple process of transferring my brothers one fifth share in that home to his son. However after instructions of will completed(I assumed transfer of that one fifth was being done)..It was discovered that the solr had forgotten to go ahead with that transfer..so I advised him to get crackin with it. However this will now incur further fee(it was not included in fee already paid). My late brothers affairs have been closed off now and nothing left to pay solr with. So my question is who is liable for payment of this xtra cost. Is it my late brothers son who is the beneficiary of this one fifth share..or me as executor? Or can his son say it must b paid from original estate?(which only included my brothers own house which as I said he left to another son)
     
  2. mathepac

    mathepac Frequent Poster

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    What were your instructions to the solicitor or what did his letter of engagement say?
     
  3. Sleepy

    Sleepy New Member

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    At outset no specific instructions to solr.it was all in will..the deceased wished for solr to deal with it..he was dealing with will from start. and no issue at all.. Part of the will referred to residue of estate. .all that consisted of was the one fifth part in house. Solr dealt with other matters in will no prob..but forgot about the one fifth house matter. It was only realised later after affairs finalised/fee paid. (Yes I prob shud have noticed but I genuinely thought twas in motion) ..
     
  4. llgon

    llgon Frequent Poster

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    Maybe you should wait and see who solicitor bills? I don't see how you can be billed as executor if the solicitor knows there is nothing left. Perhaps the two sons might be happy to pay the bill, or a reduced one if the solicitor was sensible. The solicitor may not complete the transfer of the share of house until he/she knows the fees will be paid.
     
  5. mathepac

    mathepac Frequent Poster

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    The solicitor seems to be acting for the executor and if he had a copy of the will, his instructions were clear from the outset. Tekll him to conclude matters as instructed and eat the cost.
     
    DeeKie likes this.
  6. Vanessa

    Vanessa Frequent Poster

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    We had same situation. The solicitor should have seen to it. The fee wasn't a lot but the solicitor paid.
     
  7. Sleepy

    Sleepy New Member

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    Thanku for replies. I assume I have little or no come back with solr as regards not completing all that he was retained to do. Thanku again.
     
  8. Bronte

    Bronte Frequent Poster

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    Seems a clear case that the solicitor made the error and should pay the cost. How much was he paid for the probate?
     
  9. Sleepy

    Sleepy New Member

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    Professional fees bout 2200 includ vat... fees on registering /lodging docs was bout 600 ..