Should we start complaint about solicitor/firm?

[CornishSlate]

We, 3 siblings, are beneficiaries, not executors. Do we have any rights over firm who seem to have abandoned our DFs estate?

Background: Our DF died over 2 years ago. He’d had some serious ill health and was clearly in cognitive decline/ dementia. As DF was dying we spoke to solicitor 1 (re existing Power of Attorney) who DF had described as having become close friend. Solicitor 1 spoke of having enjoyed their long chats about shared interests and difficulty knowing how to charge the time … then seemed to realise what they’d said and shut up. DF had also changed will, which he was within rights to do, but changes were not in character. Solicitor 1 and family friend became executors. But this isn’t our main concern even

DF’s will was simple, a few low value bequests of bits and bobs, everything else (bank account and house, nothing complex) to be evenly split 3 ways between me and 2 siblings. This was always his intent (always valued family money passed down to help next generation). Unfortunately a few years ago Solicitor 1 persuaded DF to put this as a charitable trust, even though the estate is small and none of us could see any benefit.

After DF’s death during lockdown solicitor 1 refused to let us take on any practical tasks eg utilities, house stuff, until it became too difficult and relented. After few months of tetchy and sometimes inappropriate communications everything went silent. We couldn’t get any response.

After months firm told us solicitor 1 had left and solicitor 2 took over. We pushed through clearing and marketing house. Last July house finally sold but then everything went silent again. After months finally Family Friend finally got a response from firm, solicitor 2 had left, and solicitor 3 took over.

Solicitor 3 said they were on the case, would appoint an accountant (no idea why) and everything would be complete at most in 6 months. Solicitor 3 has pointedly never been willing to communicate with us, or even acknowledge reciept of communication, and from then on there was silence again.

After 6 months contacted Solicitor 3/ firm for update, no response. Family Friend/executor eventually threatened complaint and they recieved an email apology (containing significant errors) explaining solicitor 3 had been busy, and they’d get it finished. Now silence again and no responses to our emails.

Family friend is great, but has their own life and significant issues to deal with.
All we want is to see a fair conclusion to DFs estate, as per his wishes.

As beneficiaries do we have any rights? Any thoughts or advice would be welcome.

Have you made an appointment with this solicitor or been to their office to —stick a rocket up their arse— push them?

https://www.lawsociety.org.uk/public/for-public-visitors/using-a-solicitor/complain-about-a-solicitor

Unfortunately they now refuse to communicate with us as just beneficiaries, and only responded to Family Friend/executor after a threat of complaint. Can they refuse to talk to beneficiaries?

As we live at the other end of the country sitting on their doorstep is difficult, but it may come to that. It was a really traumatic death and to be honest returning to that city where I sat with DF dying is a scary prospect. But if need be.

Thanks for link.
Looked at Obidsman's draft letter last night and think it's time to use that

Complain. This is appalling

Yes, they can refuse to talk to beneficiaries. They are employed by the estate and must respond to the other executor. They don't have to respond to anyone else. Every time they do, it adds to the costs to be paid from the estate. You need the other executor to put pressure on them to move things forward and lodge a complaint.

That’s interesting as this was my gut feeling (no legal knowledge) but my siblings believe they can complain.
I feel very sorry for the family friend/executor. They are lovely but dealing with their own major issues at the moment.
it’s such a mess, DF would be furious at what’s happened.

Thank you for the replies.

I made a formal complaint. This did get them moving in as much as they have told me they basically have done almost nothing since 2021. Obviously they didn’t put it in those words but just laid out a plan of what needs to do to finalise estate, no explanation or apology.

Probate was granted in 2021, but they didn’t put a ad in the London Gazette, so that needs to be done and wait for any replies (there won’t be any).
But this can only happen after they appoint an accountant to work out how much Capital Gains Tax to pay on the increase in sale price on DDad’s house in large part due to their protracted delays. So DDad will in effect pay for their delays.

I’m almost at my wits end. Trying to get this all finished and grieve. But doing it alone as 1 sibling only engages when they feel like it and the other has significant issues which make communication/ relationships very challenging. This is on top of desperately wanting this over so I can at last finish grieving (and other stuff).

The firm did not respond to any of the areas I itemised in which they’d fallen below their interacted level of service. I suggested reduction in fees but their only comment was to say they’ll tell us how much accountant will be (on top of their charge) when they get around to summary accounts. They also suggested they don’t need to talk to me as I’m not their client.

Should I go back and add to my complaint? Should I press for a fee reduction? Or is it time to go to the ombudsman? Any advice very gratefully recieved.

*contracted level of service, not interacted

Update
Well this is still rumbling on.

We were told DFs estate would be settled before Christmas . Before Christmas when we asked for an update the Firm said they were still waiting to hear from HMRC re capital gains tax and still needed to hear back from an accountant.

Now we’ve found out yet another solicitor has left, there’s no news on CGT, plus there’s now income tax to report (?) and they want to get a wealth management firm involved too!!! This is a simple, not that large estate. How did it get so complicated??

Lovely executor has had enough of this merry-go-round and I don’t blame them. Sibling has found evidence others have complained (formally) about Firm re taking far too long over Estates, and received tiny compensation. Really can’t afford that to instruct solicitors on my behalf.

Should I complain again? Is there anything I can do?

Yes. You have already complained once and that has no resulted in a turnaround of the level of service.

The SRA should accept your complaint and investigate. See this https://www.sra.org.uk/sra/research-publications/risk-outlook-2020-21/standards-of-service/

Thank you. It’s good to know I’m not expecting too much to get this moving.
I contacted them recently for an update (1st contact in nearly 3 months to give time for progress) but no response yet.
If the Firm don’t respond within the next week will definitely start the SRA complaint

I’ve popped back to ask for recommendations.
Brief update: we, as beneficiaries and an executor, have been trying to move this estate but the company are now not responding again. So I think it’s time to act formally.

Can anyone recommend a firm of solicitors who have insight/expertise to enlist to help us? The specific area is a charitable trust (which had question marks over it even when set up). A firm/person in the north would be best. Please message me if you know of anyone.

I work for the private client team of a law firm but unfortunately we wouldn't be able to help you as we're based in Scotland. I would look for a larger firm of solicitors with a private client department and make sure that the solicitors are STEP qualified (it should mention this on their website) as you will then know they have experience of trusts. I would also say that HMRC are taking an age to respond to capital gains tax returns for estates at the moment so this delay could be legit, although the lack of communication is not acceptable. Wishing you well and I'm sorry on behalf of the professional that this has been so difficult for you. I really would advise anyone reading to make sure they engage a specialist solicitor in this area as even the simplest estates can quickly become complex.

You need a STEP solicitor https://www.step.org/directory/members. I agree go for a larger firm who are likely to have broader expertise in this area.

The family friend executor is best placed to lead on this, you can work together but use the leverage of their Executor status. I would be considering asking the solicitors to renounce and hand everything over to the other Executor.

Thank you for your advice. I’ve made contact with the only firm in our area who have a STEP qualified solicitor (partner) and one of their team will be contacting me next week.

It’s difficult to describe just how hard this is. DF hugely valued passing on ‘family’ money to help future generations - despite being self-made and not having had any ‘legs-up’. Refused to spend what money he had on comforts in old age specifically to pass it on. After a traumatic death this is just prolonging the grief. We desperately need to get this finished.

Thought I’d update for those who kindly commented.
Specialist advice was sought. By chance the same week the original firm contacted as they’d realised they’d messed up and advised us to seek independent advice.
We were surprised to discover there are multiple people who specialise in contentious trust issues as this sort of thing we’re told happens frequently enough to keep them busy.
Despite the original firm initially appearing to hold their hands up, they now seem to be dragging things out. A less generous person may think they were trying to exhaust our funds to get us to not seek what (we are strongly advised) their insurance should be covering. But that’s surely not the case. Luckily we are sufficiently appalled to take this all the way.
It’s so shocking this can happen. The emotional toll, for very personal reasons, has been really bad. We’re looking forward to finally being able to move on with grief.

Not sure if anyone will see this but felt the need to update as still dragging on, and getting worse.
The original firm seemed to either work very slowly at delivering files, leaving info out or supplying incorrect info, but at least they agreed to be removed from the estate to help things move forward. That was until the last minute when they changed their minds and insisted on taking this to court. We now anticipate they wouldn’t even turn up.
A ungenerous person could say they are trying to avoid any responsibility and use up as much of our DFs estate as possible.
We are all incredulous that anyone can get away with such unprofessional behaviour, with no come-back and get paid for it too.
One sibling is keen to go to the press (there are details of DFs life some media would love as there’d be lots of sympathy that anyone could do this to a ‘hero’). I’m scared of this backfiring and making this rubbish situation even worse.
What do you think?

Unfortunately if you go to the press you do lose control of the narrative.

This isn't my area of expertise, but it sounds dreadful. Has a complaint been made to the SRA? And what's the situation with the solicitor you engaged? I do wonder if there's no money left as in disappeared. Has your solicitor asked the original for proof of funds held from the estate?