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Advice, Please re solicitor

5 replies

Greydog · 22/05/2023 12:48

This may be a long one! - My best friend died in August after a long illness. While she was in hospital I checked out her house for her, and when she died I - at the request of the solcitor, and with the help of one of her relations - started clearing out the house, sorting some of the minor bequests (books and china to various people) I also sorted out some of the aids to go back to social services, and took any post down to the solicitor. (he is the executor) The house was put on the market, and sold STC, but I still went down once a week to water plants and keep things tidy in case the sale fell through. I got a call in December to ask why there was no electricity - I had no idea as I never needed to turn anything on, and then I was unwell, couldn't go down. There was a cold snap, and when I next called in the water tank had burst, the place was flooded. I called the solicitor/executor and asked him to call me at once. Took him 7 days to call back. He then rang to ask how bad the damage was. So - I sent some more photos. He was "putting a plan together" on 6 Jan. Someone has cleared the stuff out and some repairs done, I handed my keys back in Feb, so haven't been down. But now the neighbours have contacted me to say the house is a disgrace, overgrown, just looks abandoned - I drove by and it looks dreadful. My poor friend would be so upset at the state of her once lovely garden.
So - the point of all this - and thank you if you've stuck with me - is what can be done? The solicitor/executor has been useless, he just seems totally disinterested, and has really done very little as far as I can see. I am a beneficary under the will she left, do I have any rights at all? Surely as executor he was liable to keep the property in some sort of order? I'm so sad about it all

OP posts:
007DoubleOSeven · 22/05/2023 12:52

I think the neighbours are out of order, tbh.

Your friend's garden will recover, it just needs a bit of attention. I'm so sorry you've lost her and that you've been through such a stressful time since. You've done all you can and, I think, gone above and beyond. I don't know where you stand with the solicitor, but I'm guessing that as long as you inherit as intended that's as far as your legal interests go. Flowers

MissLucyEyelesbarrow · 22/05/2023 12:56

Sorry about your loss.

I know you say you're a beneficiary, but who are the beneficiaries from the future sale of the house? It's a little unusual to have a substantial asset and individual beneficiaries (as opposed to charities etc), and yet to only appoint a solicitor as executor. Is there a reason your friend did this?

Realistically, a solicitor as executor is only going to do the required minimum.

BetterFuture1985 · 22/05/2023 13:22

The solicitor will be wary about doing any more than they were appointed to do. They do not want to incur fees for the beneficiaries of the estate if they have not been authorised to do so.

It sounds like you have access to the property and are a beneficiary so it would also seem reasonable that you appoint a gardener and organise repairs and have the expenses reimbursed by the estate. Run this past the solicitor first though.

CharlotteStreetW1 · 28/05/2023 08:34

It's a little unusual to have a substantial asset and individual beneficiaries (as opposed to charities etc), and yet to only appoint a solicitor as executor. Is there a reason your friend did this?

It isn't. I work for a probate solicitor. We see it quite a lot. In fact DH and I (no DC) have appointed each other but on the second death it will be solicitors as we don't want to burden family members with being executors (but we do have plans in place for clearing the house etc.).

Also, I have personally visited deceased clients' houses to collect post, check utilities, organise repairs and basic garden maintenance etc. It does sound like these solicitors are being somewhat lackadaisical.

You've already gone above and beyond OP so don't feel bad. I presume the house sale did fall through?

Are the solicitors local to your friend's house OP? If not, that would make a difference.

Greydog · 29/05/2023 12:01

Thank you CharlotteStreetW1 - I just feel that the executor should have looked after things better, yes, the sale fell through, and now the property sits there getting more and more neglected - which means of course, it's getting to be worth less and less. The solicitors are local, so there should be no excuse. I'm also concerned now about the lack of response to my emails. I found some premium bonds in some paperwork she gave me, so I took them into the solicitor in March, and gave them to the receptionist. I emailed 11 April again asking for a receipt, and then again on 22 May - and still no response. He was keen enough to contact me when stuff needed doing! I don't want to go in, but I think I'll have to

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