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Advice please on probate!

(6 Posts)
Donkey36 Thu 12-Feb-15 10:27:08

Hi all,
Just looking for advice on behalf of my DH, does anyone know where you would "report" a solicitor who is undertaking probate where they are in direct relationship with a benefitiary and there is a clear conflict of interest in the eyes of the other beneficiaries of the will?
Any advice welcome as we haven't got a clue!��

Lottie4 Thu 12-Feb-15 10:34:00

The other beneficiaries could always contact a partner in the firm, explain why they feel there is a conflict and ask if someone else in the firm could handle the matter. Who are the Executors by the way, as the solicitor will be instructed by them and take their instructions, but obviously keep the beneficiaries informed. The accounts will all have to add up at the end of the day (beneficiaries should get a copy of what's come in and gone out, so they can make sure that they've got their share in accordance with the Will).

If you really feel something untoward is occurring, then they can be reported to the Law Society.

Donkey36 Thu 12-Feb-15 11:25:20

Thanks lottie it's all a bit complicated basically the executors are currently my MIL and her brother, originally an independent solicitor was appointed to deal with probate, however MIL brothers partner ( lived together have children together) is a solicitor and they have now suggested that they do the probate, they have previous for being underhand and the other beneficiaries feel that they should not be doing this, as they feel that it should be someone independent.... All very confusingly!

ajandjjmum Thu 12-Feb-15 11:33:00

Surely there must be Law Society guidelines saying that legal input must be non-connected sort of thing?

I suppose you could 'speak' to a 'solicitor friend' who would advise that it wouldn't be a good idea to involve a member of the family, as it could potentially create a conflict of interest?

Just my thoughts. smile

Donkey36 Thu 12-Feb-15 12:48:12

AJ I had assumed the same thing and the independent solicitor has said it is a conflict of interest... It would make life a lot easier if MIL brother would acknowledge this ... However they seem hell bent on doing the probate themselves ... I'm begining to see how probate can bring out the worst in people !

ajandjjmum Thu 12-Feb-15 17:46:38

Sounds like someone needs to point out that others involved are not happy with them doing this, in view of whatever their 'previous' is - sometimes it just needs to be very clearly pointed out. Good luck with that!

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