Solicitor keeping original will - can they do this?

[apricotmonday]

I am joint executor to a will. We cannot apply for probate until solicitor releases original will.

Solicitor refuses to release will until we sign that we will pay for fees incurred by deceased through the estate.

The deceased was not happy with these fees (incorrect documentation) so did not want to pay.

Solicitor will not release will - who is right here?

[Collaborate]

What do you mean by "incorrect documentation"? The deceased clearly executed the will. I presume the charges are reasonable and were explained in advance. Why shouldn't they be paid?

[Sirzy]

I think it's fair enough that the solicitors want to be sure to get money owed to them - why wouldn't they?

If the deceased had issues with the charges at the time why didn't they resolve them then?

[HecateTrivia]

no idea. It doesn't seem unreasonable that the solicitor wants to be paid for the work they did. If you tried to sidestep them, they'd just sue the estate for it anyway, wouldn't they? If you can sue an estate. (I'm not a lawyer, I'm just speculating) They'd surely just do something to legally get the money off whoever has it anyway.

Talk directly to probate registry people? here

[apricotmonday]

Thank you for your replies.

The will has been paid for in full.

The "incorrect documentation" was forms filled in with wrong names and wrong information given regarding a property sale. The deceased pointed it out to solicitor at the time who refused to change forms unless payment was made for drawing forms up. Deceased claimed it was solicitor's error and so should not be charged. The problem rumbled on for months with no resolution.

Eventually deceased went to another solicitor who advised regarding the property sale. Found out that had they stayed with original solicitor could have lost thousands of pounds.

Sorry it's all a bit vague and yes I agree, of course solicitor should be paid for services provided.

However, in these circumstances can they still keep the will (have a receipt so that work has definately been paid for).

Thanks for the link to probate people - will have a look!

[mumblechum1]

I would say that no, they have no right to retain the will. They can put a lien on the files until they've been paid or the dispute has been sorted, but I don't think they have the right to retain the will itself.

I'd suggest that you threaten to report them to the Legal Ombudsman or the Law Society.