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Can a solicitor make a decision without executor consent?

2 replies

ABox96 · 22/08/2023 16:50

Looking for some advice on this tricky situation

Last year a beloved family member passed away. She left me and 2 others in her will, naming 1 as the executor. Before her passing she had chosen which solicitors this will go through.

It's abit complicated so I'll try to go in timeline order:

December - loved one passed
January- executor has spoken to solicitor. Funeral was held
February- executor told me the solicitor said it'll be about 3 months until things are sorted
April - funeral paid in full
June - haven't heard anything until I saw the executor who told me the following:

  • She has sent numerous emails to solicitor with no reply
  • She has forwarded all post without opening, to solicitor
  • She had a large sum of money "randomly" transferred into her personal bank account from the passed persons bank (she said she didn't know this was going to happen)
  • She had bailiffs turn up at her door for payment of the funeral, she said she paid this in full

I relaid this to the other person in the will who felt this was odd and decided to find out ourselves.
The funeral directors confirmed the funeral was paid for in full in April and that they don't send out bailiffs. I still haven't had confirmation whether the bailiffs story is true or not, I'm worried the executor has used funds fraudulently with the cover of bailiffs but I don't know how I can get proof of this.

I then contacted the solicitors who said the original solicitor had left months ago, so either they left without telling executor or executor knew & didn't act on this.

I had a call with the new solicitor, who said that he will go forward with probate and that all that needs to be done is he needs the executor to put back X amount for the property (for ground rent etc) and all the assets would then be divided and given out, giving a time frame for this of 3-4 weeks...which was 8 weeks ago now.

Yesterday I contacted the executor to ask for an update like she previously said she would. but hasnt done. She got very angry with me asking but said that the solicitor has decided to put all the funds together and when the property has sold, everything will be sorted then, she said its out of her hands and she had nothing to do with this.

I'd just like to know (as I can't get a clear answer from google) can the solicitor really make that decision without her consent like she's saying? I just have a gut feeling she is being dishonest, she's been asked 3 separate times now about the bailiffs each time she's totally ignored this so that makes me think even more so about dishonesty. It's such a horrible situation, I don't care about who gets what when, I'm just annoyed at the handling of the situation. I think it's really terrible if the solicitor left without anyone letting us know for months. There just seems to be an unnecessary delay but I don't know why

Anyway thanks for reading, advise is appreciated

OP posts:
Soontobe60 · 22/08/2023 16:57

If a solicitor is dealing with the will, are they doing so after the executor said they no longer wish to be executor? have you actually seen the will or spoken directly with the solicitor?
BTW, it can take many months to sort out an estate - my mum does 18 months ago and her house has only just been sold!

ABox96 · 22/08/2023 17:14

No don't think so, the solicitor was chosen before this persons passing & the executor has chosen to stick with. I have recently seen the will and spoken once to the solicitor but I assume as I'm a beneficiary not executor that he has not obligation to actually speak to me further - he's point blank ignored calls and emails.
Yeah I've always heard these things take a long time which is absolutely fine just rather he didn't give a time frame then ignore my communication! Sorry for your loss. Thank you for your comment tho

OP posts:
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