Issue with solicitor

[Fromthetopmakeitdrop]

Hi all, this is a complicated matter and one which I have no experience in. My mum died suddenly in June and I was listed as executor of her will - everything to be split equally between myself and my siblings (3 of us). I asked a solicitor to administer the estate on my behalf as it all seemed very complicated and there is property involved. My siblings agreed to this and we went ahead. My solicitor went off sick in August so I contacted the office in October asking for an update/if anyone would be taking over and was assured someone would get back to me. I have now contacted them 6 times and nobody is getting back to me. I know it sounds grabby but it isn't - there isnt a huge amount of money involved but my mums work want to pay her final salary to me but can't as there is no confirmation of estate (I have no idea if this is in progress/has been granted) I cannot speak to anyone about this as they simply do not reply. Is this standard practice? What can I do from here and if I were to change solicitors would I be liable for any fees? This is so stressful at an already awful time and we all feel like we are in limbo. Thanks in advance.

Also sorry when I say they don't reply I have emailed someone who I spoke to on the phone who I think is maybe an admin person as she assured me she would get a member of the team to call me back urgently. She now isn't responding to me emails either so I am at a loss with this! It seems so strange to just not reply!?

Do you have details of a senior solicitor at the firm on your client care letter? I think that should also include details of how to make a complaint.

Is this worthy of a complaint? I just want this all tied up and dealt with and would like the quickest way to do it - it also isn't cheap by any means so I am getting frustrated! I dont know if this I'd relevant but if it wasn't for me contacting them I would probably still be waiting on a reply now. The last date of contact from my solicitor was 19th August. (Obviously he can't help being ill) but surely there is a contingency in place for exactly these things?

Sorry I didn't reply to your original question - I will find my contract- everything was done via email due to COVID so I still have it.

I would escalate to the senior partner. The one at the top of the headed notepaper. Frankly, they don’t deserve to be in business. Ask for a statement of work done so far and what else is needed for completion of the work. Ask for a timetable and ask for who is doing the work to get in touch with you.

DH has the same problems with a local firm regarding the will of an elderly aunt. He chose a firm near his office. Big mistake. Using our normal solicitor would have been much better. Lesson learned. But do complain. They are treating you in a very shoddy way.

Complain to the firm and mention 'Legal Ombudsman' - that should get them to look into what's happening. You can complain to the legal ombudsman (free for you) and they'll consider whether the legal firm have acted reasonably

Thanks @PresentingPercy that is so helpful I will do that today! The fee is 5% of the estate so unsure how that works re fees so far. Thank you @StylishMummy I will look into this also! So frustrating!

I just want this all tied up and dealt with and would like the quickest way to do it
By far and away the quickest way to do it is to do it yourself. Solicitors charge an arm and a leg, you still have to get all the information for them and they have zero sense of urgency.
I have just wound up my mother's estate as sole executor, there was a property involved.
I had valued the estate for IHT purposes within a couple of weeks and got probate through in 5 weeks. The longest part of the process was selling the property which took 5 months. Of course you do have to have a solicitor for the conveyancing and that was the slowest bit.
Everything you need to know and do is online and the government website's in particular are very clear.

5% sounds very high. An elderly aunt of mine used her bank and that was 3%. Bad enough but not 5%. I would find out how far they have got and see if you can complete it yourself. Don’t pay 5%.

I took on a solicitor and was willing to pay the 5% so I didn't have the hassle of keeping on top of it. I am still fairly young and have no experience with anything of this nature and it all felt overwhelming. I also thought it would ensure everything was properly and fairly incase my siblings were in any doubt. The estate isn't huge and I think the max fees will be around £7000. We are also not planning to sell the house immediately as my sibling has moved into it so no hassle there. I got a reply today again apologising and saying someone will contact me.

I may be wrong but I imagine the 5% will include the value of the property as it's part of the estate even if you dont sell.

Yes the house will be included in the value of the estate so the 5% (plus VAT) will be payable on that too. Do make sure there is enough cash asset or that your siblings are willing to chip in a third of any shortfall to pay the bill.

The client care letter will set out the complaints procedure so do start going down that route. That is usually enough to prompt the partner named in the letter to give a bollocking to the appropriate fee earner and get the case back on track.

I would suggest you raise a complaint via the Client Relations partner but in the meantime get the file mandated to another firm so they can progress matters for you. Someone should have taken the file over and should be responding to you.

The house isn't worth much. Under 70k. So I'm not too worried in that respect. And there was no cash etc other than final salary. I suppose that may well be part of the reason they aren't bothered about taking it on!

Some of the fees mentioned here sound outrageous. My dm's straightforward estate, around £150,000, was dealt with by family solicitor for around £1200. Quick, courteous service. Estate agents £1,000 and wait for it, funeral director £3,700!

@ElsieMc to be honest I think it's probably my own fault. I didn't 'shop around' and just went with the company my mum had her will written with. I thought it would be the easier option (how wrong I was) it just felt a lot easier at the time. Hopefully should I ever be in this position again I would make more sensible decisions!