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Statement of Account and Interest Paid

6 replies

Autumnchill · 03/02/2020 13:22

Wonder if you could advise on the following and let me know if the family are expecting too much or if we're within our rights.

Back story. Mum died November 2018 and my Sister and BIL were dealing with the estate and assisting my Mum's partner who was classed as vulnerable (for ease, call him Dad). Estate was easy to settle as everything was left to Dad.

Fast forward to August 2019 and BIL died (expected) but prior to that advised everything had been settled and only thing outstanding would be for me to be made PoA for Dad once BIL died. Obviously Sister had a lot to deal with but come September 2019 I started to ask where we were in the PoA process and then it became apparent that the money from the estate (approx £130k) hadn't been transferred to Dad and he was getting very anxious.

Sister tried getting in touch with solicitors but phone calls weren't being returned. End of November 2019 I asked if she wanted me to step in and play bad cop!

Managed to get an appointment, which was cancelled due to solicitors own family bereavement and so rearranged for a week later. She came into the meeting having not done any of the PoA and with prior agreement, I advised that they weren't to work on the account anymore, we would go somewhere else to get it done and we wanted the money transferring to Dad. Promised that this would be done by 5pm that day.

Lot of phone calls within the next 24hrs when the money didn't appear and very unprofessional phone calls from solicitor advising how stressed they were (this is a one man band firm). Money finally received however ignored my request for full statement of account.

I raised a formal complaint to the solicitors early December and gave 7 days to respond. Unfortunately, Christmas and the death of FIL resulted in me not picking this back up until early Jan 2020. No response was received, so I chased for full statement and also raised a complaint with Legal Ombudsman.

Within 24hrs received a statement but I don't think it's correct and poorly laid out but I can't find anywhere were it advises what should be on there.

It basically says:

Estate Account

Monies due - £130711
Interest - £43.98

Monies due to you - £129635.90

There are no dates on there and doesn't advise at what rate the interest is paid at and over what period. Am I wrong to think the above is insufficient and if so, what should we be asking for.

They've acted very poorly to my Dad and we want to ensure that he has got all that he is entitled to.

Thank you for your help in advance

OP posts:
Autumnchill · 06/02/2020 12:23

Anyone?

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Collaborate · 06/02/2020 13:48

Estate accounts show money coming in (and from which source) and money going out (and where to). Only you can tell if this is sufficient, but it doesn't seem to be.

Autumnchill · 06/02/2020 14:05

Thank you

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Astonlegalbrain · 06/02/2020 21:52

Autumnchill
Hi there,

this is a link to a word document which has a few pages on the format of Estates Accounts. Also there is a link to a pdf of a specimen set of accounts showing how its supposed to look. (the source is Tolley's Administration of Estates)

drive.google.com/open?id=13Qzv-QeuDUFq17cKEuaHOYklpsBH0VVx

drive.google.com/open?id=1mW_Q_RCnePepl2OK6rO43-_5a5SkPf0aTprGoCbIoWg

the above should help. there is also a procedure you can follow to apply for an audit of accounts if needed,

Autumnchill · 07/02/2020 10:13

That's great, thank you.

We're not sure if this solicitor is incompetent or shady but it's not passing the smell test at the moment.

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Autumnchill · 10/11/2020 20:40

Just a quick update for anyone interested! Got a letter from Solicitors Regulatory Body advising they've closed her down and our file is with another solicitor or we can get it moved to our preferred one.

Looked further into it and would appear she's not been getting indemnity insurance so closed down to protect clients. Always felt she was moving money about robbing Peter to pay Paul and we never felt like my mums partner got his true amount in interest but he wanted to leave it so was never pursued. At least no one else has to deal with her.

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