Probate and Will writing company

[Juststopamoment]

My father died in 2017 and organised a Will writing company to deal with his probate. Communication with this company is appalling and we still haven’t received anything. I gave up after 3 years. My sibling managed to talk to someone and we now have communication again. I want to report them to their governing body if they don’t resolve this. Who would their governing body be? It’s a contentious will. Thanks.

Will writers are not regulated in the way lawyers are. Anyone can set up as a will writer. The will writer may be a member of the Society of Will Writers or the Institute of Professional Will Writers, but they don't have to be a member of either.

What is the reason why the will is contentious? This could be the reason for the delay.

It’s not contentious in the people inheriting it but he was receiving benefits and it is being looking at by the DWP I think. I’m not sure what the delay is but the person my sibling spoke to admitted that it hasn’t been touched since 2019.

So it sounds like it’s not down to the solicitors, but the DWP. Unless you are the executor, the DWP will not always speak to you directly. I would get your sibling to get an appointment with their own solicitor to chase this up. It may be worthwhile paying out a couple of ££ to do this.

They’ve said they don’t have SRA ID. I’m not sure what that is but then surely they shouldn’t have agreed to do this if they can’t do it.

SRA = Solicitors Regulation Authority. If they aren't solicitors, they aren't subject to the SRA.

Having re-read your OP, I see these people are providing probate services. In that case, they must be licensed probate practicioners and they are regulated by ICAEW.

I don't think this is correct. The ICAEW is the Institute of Chartered Accountants in England and Wales. Licenced probate practitioners have their own regulating body -The Council for Licenced Conveyers (CLC)

Sorry - getting lost in alphabet spaghetti. ICAEW is an approved regulator for probate services but not the only one.

The Legal Services Board list ACCA and ICAEW as regulators for probate practitioners. CLC is listed as the regulator for Licensed Conveyancers, but their website says they also regulate probate practitioners. So there are multiple regulators. OP needs to find out which one licensed the will writing company.

Thank you all. I’ll work my way through these.

The ACCA and ICAEW only licence their own members, some of whom may do probate work. I imagine that a Will writing company is unlikely to be part of the accountancy profession.

Did your father appoint this company to be the executors of his estate? If not, the executors are free to tell them their services are no longer required and out the matter in the hands of a SRA regulated solicitor.

I suspect these shysters are charging a fortune to the estate for not doing very much.

He did appoint them as executors of his estate which is why I think we will need to get a solicitor involved to try and take them off as executors. Not sure if that’s possible.

@prh47bridge so they aren’t regulated by any you have listed. They can operate without being regulated? I’ve also noticed that they regularly dissolve and resurrect the company on an almost annual basis the last time was 2020. Do we need to get a solicitor involved now?

Assuming you are in England or Wales, it depends on what they are doing. If they prepare probate papers, they must be authorised by an approved regulator or licensed by a licensing authority. If they aren't, they are acting illegally. However, they don't need to be authorised or licensed to act as executors.

Whatever they are supposed to be doing, the fact they regularly dissolve and resurrect the company is a very bad sign. Whatever they are supposed to be doing, you need to stop them. So yes, you should consult a solicitor.

@prh47bridge Yes they are preparing probate papers but are also the executors so I think there is a big possibility that there is some wrong doing here. I’m not sure how to find out who regulates them. We have asked but they aren’t answering our messages again.

Forget about searching for a regulator. If they repeatedly dissolve the company and reform it, they probably aren't registered with any regulator and may be operating illegally. Concentrate on getting them removed as executors.

Thank you @prh47bridge . I’ve contacted Trading Standards and will get a solicitor.

@prh47bridge is it possible for non legal people to apply to court for the removal of an executor and if so how do you do it? I’ve read that you have to apply to the high court and I think we have a valid reason to remove them.

If probate has been granted or they have started to administer the estate then yes, you need to apply to the High Court. You can, in theory, do it yourself but I would strongly recommend consulting a solicitor. It is not easy to get an executor removed.

@prh47bridge they are saying that anyone can apply for probate and that they don’t need to be regulated. Is this a loophole? We have a Zoom meeting with them next week. I’ve been told it can cost £10,000 plus to remove an executor. Can they remove themselves?

Yes, anyone can apply for probate. If they are named as executors, they are in the clear. However, if they prepare probate papers on behalf of someone else, they are committing an offence.

If they have not obtained probate and have not done anything towards administering the estate, they can renounce the position. However, if they are unwilling to renounce, or they've obtained probate, or they've started administering the estate, the only way they can be removed is through the courts. If you consult a solicitor who specialises in this area, they will be able to give you an idea of the likely cost.

@prh47bridge They are the executors so they are in the clear. I’ve consulted a solicitor (a large firm so very reputable) and they’ve I said that it will cost upwards of £50,000 if it went to court. We are being held over a barrel basically. I know they did start probate because I contacted some of the companies and although they couldn’t give me amounts they did say the money had been transferred out.

I hate these companies so much. They prey on the elderly by offering cheap wills and then massively upsell storage services, powers of attorney (with themselves as professional attorneys of course) and appoint themselves as executors entitled to a percentage of the estate. Anyone can provide these services and you don't have to be regulated or insured. They probably aren't doing anything illegal but are very, very immoral. Not all will writers are like this by any means - many are excellent and voluntarily registered and insured. Doesn't sound like these cowboys are though. Its the grubby downside of opening the market to give clients more choice.

@FloraPostIt Completely agree. And now we’ve got to untangle it all. If I can’t take them to court I’m definitely going to expose them somehow.