Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Solicitor refusing to replace my copy of will

18 replies

Coralolive · 08/09/2022 01:16

My mother died several years ago and I inherited a rental property. I have lost my copy of the final letter stating how much the house was worth when she died.
If I decide to sell the house I will need to know this information as I will owe 40% capital gains tax.
The solicitor has refused my request for a replacement copy, instead sending me an email with the cost of the house at the time of my mother’s death.
Is she allowed to refuse to give me a copy of the letter that was originally given to me?
I can’t buy a copy online as it was never uploaded because my brother was living in my mother’s house when she died and inherited it.

OP posts:
holidaynightmare · 08/09/2022 01:20

If you choose to sell now I think you'll just have to have it valued - a solicitor should be able to guide you tho but it's strange they're refusing to provide this even if there was an admin fee to get you a copy that's seems a bit weird.
Get a free hour with another solicitor and take things from there.

EmmaH2022 · 08/09/2022 01:29

You say several years ago
is it possible they don't have a copy of the letter to send?

if you've got the value at the time you inherited, then for CGT purposes I think that's all you need?

Coralolive · 08/09/2022 01:46

Yes, they have obtained the file containing all of the documents. I would like a copy of the original letter that was sent to me. I find it odd that she said that she would have to write to my brother and the solicitor who was dealing with the will to see if they had any objections.

OP posts:
Coralolive · 08/09/2022 01:48

I would like my copy on principle as I believe I am entitled to have it.

OP posts:
Paq · 08/09/2022 03:02

You don't need the letter for CGT purposes and if you lost it I don't think they are legally obliged to provide you a copy.

Was it a valuation from a surveyor and do you remember the figure? You can probably guesstimate fairly easily.

prh47bridge · 08/09/2022 08:33

You don't need the letter for CGT purposes.

If I understand you correctly, you are demanding a copy of a letter the solicitor sent to you on behalf of their client and you are surprised that the solicitor needs to consult their client before providing it? Really? The solicitor was acting as their client's agent. The solicitor's copy of your letter belongs to their client. They are not under any obligation to provide you with a copy.

Coralolive · 08/09/2022 08:42

The solicitor has emailed me the figure but is being difficult about replacing my lost copy of the letter, saying she would have to consult my brother and the solicitor who also had copies.
My brother is likely to have a problem with me obtaining a replacement copy and I have no faith in the solicitor at the time who I found quite hostile but who was very well disposed towards my brother.
I find it odd that I can’t just have a replacement copy sent to me in exchange for a small fee.

OP posts:
Paq · 08/09/2022 08:49

You seem fixated on winning the argument with the solicitor when it doesn't matter for practical purposes. Are your emotions clouding your judgement here? If it's tied up with grief at losing your mother and a difficult relationship with your brother I understand Flowers

Coralolive · 08/09/2022 09:07

I don’t want to argue with anyone, I just want a replacement copy of the letter that was addressed to me. I find it ridiculous that it’s such a problem.

OP posts:
mondaytosunday · 08/09/2022 09:24

It does seem odd if the letter was addressed to you - arguably it belongs to you.
The solicitor is acting on behalf of the estate (correct?) not your brother, though from the sound of it was he the executor? And who was the other solicitor?
When I had to declare capital gains on some inherited property (not real estate, but artwork) I provided my accountant with the original valuation that was done for probate and then the sales receipt from the recent sale. I'm not sure if that was required but if audited by HMRC I think you'd need to provide more than just an email to back up the figures.

Oblomov22 · 08/09/2022 09:35

So, Simply tell the solicitor that yes you would like her to contact your brother and the other solicitor. Tell her please action this because I would like a copy of the original letter. Simples! Send her an email today, stating this is what you want.

prh47bridge · 08/09/2022 10:50

mondaytosunday · 08/09/2022 09:24

It does seem odd if the letter was addressed to you - arguably it belongs to you.
The solicitor is acting on behalf of the estate (correct?) not your brother, though from the sound of it was he the executor? And who was the other solicitor?
When I had to declare capital gains on some inherited property (not real estate, but artwork) I provided my accountant with the original valuation that was done for probate and then the sales receipt from the recent sale. I'm not sure if that was required but if audited by HMRC I think you'd need to provide more than just an email to back up the figures.

No, the solicitor's copy does not belong to the OP. It belongs to the solicitor's client.

Coralolive · 08/09/2022 12:22

I was a joint executor with my brother and the solicitor at the time of my mother’s death. Does this not make me a client?
prh, who is the solicitors client? I’m finding this really upsetting.
I did feel at the time as though the solicitor treated my brother as the client.

OP posts:
Coralolive · 08/09/2022 12:24

Mondaytosunday this is what I am worried about.

OP posts:
prh47bridge · 08/09/2022 13:48

If you were the client, the solicitor's copy belongs to the solicitor, not you. They are still under no obligation to disclose it.

Coralolive · 08/09/2022 18:09

But I was the client, I’m asking for help. I am willing to pay for a copy. Why would they not want to help me?

OP posts:
Coralolive · 08/09/2022 18:10

I’m only asking for a copy of what they provided me with.

OP posts:
prh47bridge · 08/09/2022 18:35

Coralolive · 08/09/2022 18:10

I’m only asking for a copy of what they provided me with.

It is not clear that you were the client. I suspect from what you have written that your mother's estate was the client.

It isn't clear that they don't want to help you. They have said they need to contact your brother and the solicitor who was dealing with the will to see if they have any objections. That is not an outright refusal to give you what you want. It is making sure your co-executors are happy for you to be given a copy.

New posts on this thread. Refresh page