Probate and property sale

[MrsBeltane]

My mother died nearly 2 years ago. Probate and setting her affairs has taken forever due to some complicated investments and a very slow solicitor.
We now have everything settled except the sale of her property. I was keen to pay off the solicitor, release the funds she is holding and finish my business with her. When the flat finally sells I plan to use a different solicitor for conveyancing.
The solicitor has said I can't do this, I have to retain her until the flat is sold. Is this right please?

No. You are entitled to instruct who you want. You should pay any outstanding fees in full and then you can disinstruct her. What reason has she given for saying you can't do that?

Unless her firm or she is the named executor in the Will?

My brother and I are the executors. This is her response to me trying to complete our business with her,

"I have noted the comments in relation to the property. Unfortunately, if you would like to sell as executors (which if the property sells for less than the date of death value, you may be able to claim back the IHT apportioned to the property) then we are unable to conclude matters until the property is sold"

You cannot conclude the administration until the property is sold, but that doesn't mean you can't instruct someone else to finalise the administration. Pay any invoices in full and then request a copy of the file. If they refuse tell them you will raise it with the SRA/legal ombudsman.

Thank you for the advice. Will be doing the above this week.

You are the executors not the solicitor. As long as you implement the will correctly you can do it yourself.

It's almost always quicker and easier to do these things yourself rather than use a solicitor.