Solicitor acting improperly and illegally?
Has not put the will to probate after 10 years Tried to force us to put the property up for sale at a massive reduction on its market value. initally forced us to use an estate agent of his choice.Attempted to say capital gains tax was due even though the property was my mothers only home so therefore does not apply. Instructed the estate agents to reduce price without beneficiaries consent. Refused and ignored all requests for copies of the estates assets and his costs even though he is legally required to do so. Has taken 6 months to negotiate a sale I cannot find anyone to help me am now contacting law society and mp, any other suggestions as this inheritance is all I will have to be able to find accomodation for my family
Public Comments
- Get a lawyer...it's going to have to be broken unfortunately. Check the law yourself and see if there is a statute of limitations on taking wills to probate.
- Determine the name of the proper government agency that regulates barristers and solicitors and ask what steps you should take to file a complaint against this person. Talk to another solicitor and see if he will take your case, if so, you should terminate your current solicitor.
- report it to the bar association. also you can hire another lawyer to investigate and take appropiate action.
- He sounds very dodgy to me. You are doing the right thing by contacting the Law Society and I hope they can help you.
- You're doing right to contact the law society and your MP.I'm surprised you've allowed this to go on for so long !!!
- Sounds like you have yourself a problem. It is my understanding that if this was a probate case, he does not get paid UNTIL probate is finished, he then is subject to 4% of the 1st $100,000, 3% of the second $100,000 and 2% of the remaining money up to $1,000,000 (I think 1% after that). Regardless, if the house sells for less than it should, he would be losing money. If he is charging you for other stuff (additional REASONABLE fees may apply) apart from this, you may have a big problem? Is he getting the interest from the money that has been sitting around for the last 10 years? I would go to another, more reputable attorney ASAP.
- Suggest you get further legal advice, or maybe you could complain to ombudsman?
- Phone the Law Society in the first place to get things moving and they will take it up but give them all the facts and what you think but be careful what you say and if your still not satisfied get yourself another solicitor who will take this guy on//why have you let this go on for 10 years// incidentally you can contact the Probate Office of your county i take it your in the UK
- I would say you should first get a good lawyer and file an emergency cease and assist order that would stop him from doing anything regarding the estate then sue him not only for the money he has charged the estate for his "services" but also for the time you have put in above an average time for an estate of this size plus the emotional pain and suffering of yourself and your family do to him needlessly dragging out the already tragic death of your mother because of his unlawful and immoral behavior he has continuously reopened those wounds that should have long sense healed
- Urgent --- Report this to the "Law Society" as soon as Possible -- Find the Local Address in your Yellow Pages ---- It will be very much in your Interest to Have as Much "Evidence and Facts" available ---- Repeat -- treat this as Urgent --do it Now ....Additionally Go to your Local MP -- with a Friend as a witness--- Good Luck To You .... I am sure what you are doing will result in success for you
- This does sound dodgy, but some of the actions may not be incorrect. Capital Gains Tax may be payable by the Estate as the property will be valued at the date of death and any gain from then to the sale can be chargeable for CGT. Usually it is the Executors decision to market the property rather than the beneficiaries. Not all Wills have to go to probate, although taking ten years to administer an estate seems far too long. If you want to complain, you need to complain to the solicitor first and if the response is not satisfactory, then you can complain to the Office for Supervision of Solicitors.
