Solicitor is executor but not replying to emails

[K.C. Leblanc]

I also requested that they renounce their executorship owing to the simplicity of the estate.

They won't, this is why nominating a solicitor is an executor is a really bad idea. Your family is basically stuck with them, they will do their best to make the process as complicated as possible because they can then charge you more. Oh and guess what, it's basically impossible to take them to court because as an industry they like to look after their own.

They will also not distribute funds unless there is a literal 0 risk of something coming back on them. If you're doing this yourself you can take a measured approach.

I'll repeat having a solicitor as a executor is a really bad idea. Your beneficiaries can always hire one if they need it, and they will then have the advantage that they have much more control on the situation.

I was waiting for well over 5 years from a tiny (it was under £2000) from my grandmothers estate. Basically because she chose to use a solicitor. My uncle lives in France, and because my Grandmother died shortly before the brexit vote he saw the value of his inheritance basically drop 20% due to the value of the pound dropping.

 

[Nitefly]

It sucks when people are unresponsive, but a possible reality is that they are dealing with something more important / critical / urgent than you. It’s always a ‘high priority’ matter from the perspective of a non-commercial client, moving house / wills whatever, but from the other side they might be dealing with more than a hundred different people at any one time.

Still, more than two weeks of total no contact is quite a long time. If the firm has been unreasonably unresponsive for a period of time and you have given them the benefit of the doubt (up to you), then you can reach out to make a complaint (details will be on their website) - this will put them under an obligation to act.

Even if you do this, still might be best to continue being polite though - make them want to go the extra mile when they do get round it.

 

[sg0]

It sucks when people are unresponsive, but a possible reality is that they are dealing with something more important / critical / urgent than you. It’s always a ‘high priority’ matter from the perspective of a non-commercial client, moving house / wills whatever, but from the other side they might be dealing with more than a hundred different people at any one time.

Still, more than two weeks of total no contact is quite a long time. If the firm has been unreasonably unresponsive for a period of time and you have given them the benefit of the doubt (up to you), then you can reach out to make a complaint (details will be on their website) - this will put them under an obligation to act.

Even if you do this, still might be best to continue being polite though - make them want to go the extra mile when they do get round it.

My main concern is that I have nothing in writing at all. No acknowledgement or confirmation that they still have my dad's documents. It was done in the 90's and the solicitors merged and closed offices.

 

[sg0]

I've been pestering got a reply yesterday, they want me to call them.

In my last email I asked whether the estate is being charged any fees.

 

[Parsley]

As above don't expect this to happen swiftly.

My Aunt died 23 months ago and it's still not sorted, mainly due to the solicitors being incompetent.

My Dad passed away last week and I am hoping this one is less hassle as I don't think I have the energy or patience for another long-drawn-out legal process.

23 Months? Really? My Nan left me as executor, and my Dad died intestate (because classic father). I had both resolved within 2-3 months, and the 2-3 months for Dad was because they got the date wrong on the Cert of Admin (they put 13th instead of 30th). Granted these estates were not hideously complicated but still, I can't imagine being stuck in limbo trying to communicate for 23 months, it wouldn't have done me much good.

 

[Nitefly]

My main concern is that I have nothing in writing at all. No acknowledgement or confirmation that they still have my dad's documents. It was done in the 90's and the solicitors merged and closed offices.

Ah. I mean, tbh, this sounds like a nightmare for anyone to ‘figure out’ on their end if you don’t have any file references etc. It might be from when before they went electronic… and documents are in hardcopy in a warehouse somewhere… maybe.

Glad they have got in touch, good luck with it.

 

[el_dazza]

Charge them for every email you send, much like they would

 

[Euro_Hunter]

23 Months? Really? My Nan left me as executor, and my Dad died intestate (because classic father). I had both resolved within 2-3 months, and the 2-3 months for Dad was because they got the date wrong on the Cert of Admin (they put 13th instead of 30th). Granted these estates were not hideously complicated but still, I can't imagine being stuck in limbo trying to communicate for 23 months, it wouldn't have done me much good.

Yes. We found a 2nd will which did complicate matters.
The solicitors did send out cheques a few weeks ago but then realised that they went by the first will and not the 2nd more recent one, arrggghhhhh.

 

[Parsley]

The solicitors did send out cheques a few weeks ago but then realised that they went by the first will and not the 2nd more recent one, arrggghhhhh.

Sigh. Sorry you're stuck with them.

 

[EvilRob]

Choosing a solicitor as an executor is usually just a huge mistake. Best case it's difficult for the beneficiaries to get them to move quickly because they have no incentive to do so. In the worst case (and seems to be quite common) they will milk the estate to their benefit.
People need to just assign their main beneficiaries as the executors and they can they engage a solicitor if they wish to. At least then the solicitor is working for the beneficiaries directly and accountable to them. They're more likely to move quickly and with reasonable fees and you can just fire them if they don't.

 

[SpellowHouse]

They will not renounce their role. They have been asked to perform the role of executor, and that's what they will do.

I would not hassle them, if I were you. The moment they are named as executors then they are charging you for everything they do, and that can include any time writing letters to you.

They generally will not reply to you until they have something to say.

Execution of a simple will can take a year. A more complex one, several.

They are legally bound to go by the book on this sort of thing, it's pointless trying to hurry them.

Unfortunately, many people leave wills and instructions without realising the consequences. Selecting a solicitors as executor is only when you don't trust your relatives and you don't mind paying their (very expensive) fees. But, basically, once in the hands of the solicitors "executorship" is a licence to print money. And as many relatives find to their cost, once the person has died it's too late to change anything.