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Solicitor shared details of will

11 replies

ScotLawQ · 31/12/2019 08:24

NC for this because could be quite outing.

Parent died mid 2019, sudden death, a complete shock to us all.

(We are in Scotland so not sure if that changes things).

In dealing with the aftermath a family member, we’ll call them grabby, contacted parents solicitor to find out what the contents of the will were! Confused

Solicitor shared this info with grabby, (parent who is still still very alive was not aware grabby was contacting the solicitor).
The information solicitor shared was that the house wasn’t being left to grabby, grabby immediately fell out with the entire family - actually went mental and behaved pretty viciously to surviving parent. This made an awful time a lot worse - months later it’s still very strained and can never be repaired.

My question is, should we make a complaint?
The solicitor has admitted all this by email to me and phoned grieving parent to apologise, (I asked them not to contact surviving parent as grieving and in no fit state, but solicitor did anyway, a fortnight after spouse diedShock).

If it is relevant the info was shared with grabby as they have mutual acquaintances and work in similar profession.

I’m annoyed at grabby so admit it’s likely crowding my judgement!

I realise the solicitor has apologised but surely if you pay thousands for a service they shouldn’t get away with this?

Sorry this is long!

OP posts:
bluenoir · 31/12/2019 08:30

Had probate been issued? After probate a will becomes a public document but seems like it may be too soon for probate.

I would seek a formal complaint.

MissSueDenim · 31/12/2019 08:42

How is “grabby” related to the deceased? Are they a child of the deceased & the surviving spouse their step parent?

ScotLawQ · 31/12/2019 08:56

Grabby is an in law to the deceased.
No probate info even now so starting to query whether a Will was completed and not just a transferred of deeds - surviving parent says they went for a will Confused

OP posts:
WeeDangerousSpike · 31/12/2019 09:06

This is from dfalaw.co.uk. Not sure if it's the same in Scotland.

^Do you have a right to see the will?
Only the executors appointed in a will are entitled to see the will before probate is granted. If you are not an executor, the solicitors of the person who has died or the person’s bank, if it has the will, cannot allow you to see it or send you a copy of it, unless the executors agree. However, they can tell you who the executors are. They can also let you know what the will, or a note kept with it, says about the kind of funeral the person wanted.^

ScotLawQ · 31/12/2019 11:43

Thank you.

From what I’ve found it suggests I need to contact the company’s client relations manager in the first instance though I think the best route would be through the law society.

I think I’m hesitant because part of me feels like the solicitor was likely duped by grabby but that doesn’t change what happened.

Thanks for you responses.

OP posts:
misspiggy19 · 31/12/2019 21:08

I would make an official complaint against the solicitor. They used their connection to disclose confidential information.

Divorcemakesyoustressedandpoor · 31/12/2019 23:47

The law society deal with fraud dishonesty but if it is a complaint re the service you have received you will have tocomplain to the legal ombudsman. Write a formal letter of complaint to the solicitors firms
SRO
. His name should be in the client care you received . Make sure if you post the letteryou send it recorded and keep the receipt. If they don’t reply within 8 weeks
or you are not happy with their answer you need to complain to the legal ombudsman ... but be aware their backlog is horrific .. it’s 6-8 months before they even look at a case

Links below

www.lawsociety.org.uk/for-the-public/using-a-solicitor/complain-about-a-solicitor/

www.legalombudsman.org.uk/downloads/documents/publications/How-To-Complain-To-Your-Lawyer.pdf

Soontobe60 · 31/12/2019 23:56

I'm wondering why you're doing this months after the death? Are you an executor? Did the solicitor divulge specific contents or just tell the relative that they were not a beneficiary? Surely your living parent will have seen the will by now?
Was the house a family home that the innlaw believed may come to them in part?

LuluJakey1 · 01/01/2020 00:06

The solicitor should divulge to the executors the contents of the will and they should apply for probate.

Do you know who the executors are? It is their job to ensure the deceased's wishes are carried out as instructed in the will.

Once probate has been granted the will is a public document and you can find it on the government website.

Weenurse · 01/01/2020 00:10

Surly the house goes to the surviving spouse, so why would Grabby think it was coming to them?

FrancisCrawford · 01/01/2020 10:37

This reply has been deleted

Message withdrawn at poster's request.

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