Can a solicitor make decisions without executors consent?

[ABox96]

Just looking for some advice on this tricky situation

Last year a beloved family member passed away. She left me and 2 others in her will, naming 1 as the executor. Before her passing she had chosen which solicitors this will go through.

It's abit complicated so I'll try to go in timeline order:

December - loved one passed
January- executor has spoken to solicitor. Funeral was held
February- executor told me the solicitor said it'll be about 3 months until things are sorted
April - funeral paid in full
June - haven't heard anything until I saw the executor who told me the following:

• She has sent numerous emails to solicitor with no reply
• She has forwarded all post without opening, to solicitor
• She had a large sum of money "randomly" transferred into her personal bank account from the passed persons bank (she said she didn't know this was going to happen)
• She had bailiffs turn up at her door for payment of the funeral, she said she paid this in full

I relaid this to the other person in the will who felt this was odd and decided to find out ourselves.
The funeral directors confirmed the funeral was paid for in full in April and that they don't send out bailiffs. I still haven't had confirmation whether the bailiffs story is true or not, I'm worried the executor has used funds fraudulently with the cover of bailiffs but I don't know how I can get proof of this.

I then contacted the solicitors who said the original solicitor had left months ago, so either they left without telling executor or executor knew & didn't act on this.

I had a call with the new solicitor, who said that he will go forward with probate and that all that needs to be done is he needs the executor to put back X amount for the property (for ground rent etc) and all the assets would then be divided and given out, giving a time frame for this of 3-4 weeks...which was 8 weeks ago now.

Yesterday I contacted the executor to ask for an update like she previously said she would. but hasnt done. She got very angry with me asking but said that the solicitor has decided to put all the funds together and when the property has sold, everything will be sorted then, she said its out of her hands and she had nothing to do with this.

I'd just like to know (as I can't get a clear answer from google) can the solicitor really make that decision without her consent like she's saying? I just have a gut feeling she is being dishonest, she's been asked 3 separate times now about the bailiffs each time she's totally ignored this so that makes me think even more so about dishonesty. It's such a horrible situation, I don't care about who gets what when, I'm just annoyed at the handling of the situation. I think it's really terrible if the solicitor left without anyone letting us know for months. There just seems to be an unnecessary delay but I don't know why

Anyway thanks for reading, advise is appreciated

Is the solicitor also named as a co-executor? If not then the executor can appoint their own solicitor or if they feel able do everything themselves.

OK, reading again it sounds like the executor is not doing their job properly. I think you and the other benificary might need to take your own legal advice.

I don't think the solicitor is named as co-executor, I haven't seen anything in the will to state that

Hmmm.

So as the executor she can choose to use a solicitor to help apply for probate/interpret the wording of the will, set up trusts etc or anything she might find complicated but she is under no obligation to do so at all, especially if it is an uncomplicated will.

Sending unopened correspondence to the solicitor sounds odd. It will certainly bump up the bill which will come out of the estate.

Something smells very fishy to me.

Well, the executor clearly lied about the bailiffs, so you can't trust anything else she says.

the solicitor has decided to put all the funds together and when the property has sold, everything will be sorted then, she said its out of her hands and she had nothing to do with this.

She's fobbing you off to buy time. You can't trust her. Speak directly with the solicitor.

Also, that original lot of money paid into her account, that's the first solicitor giving her the money to distribute to you and the third beneficiary but she didn't do it. And now she's saying it will all be sorted after the house sale.

I would contact the solicitor but you're probably going to need a solicitor yourself because what you have here is a dishonest executor.

I agree, maybe you and the other beneficiary can club together to get independent legal advice.

I think the executor is lying to you. That’s my guess. Not sure if you have account information for your relative that passed? But, get some legal advice with the other beneficiary.

I’m going through something similar with my sibling.

I think she is to which is such a shame but is very in line with her character. I suspected her of financial abuse towards the passed relative but never had taken further, I wish I did now! Thinking legal advise is our only option now.

Sorry to hear you're going through similar :(

Just be warned- Executors who fail to discharge their duties can end up in prison. https://www.twmsolicitors.com/news-and-blogs/executor-sentenced-to-prison-a-stern-reminder-about-personal-representatives-duties/#:~:text=Personal%20representatives%20who%20don't,What%20is%20a%20personal%20representative%3F

I suspect it was the Contempt of Court which triggered the prison sentence in this case, but the Executor failed to provide the Courts with the necessary information about how he'd executed the Will. Understand I am not advertising this firm, just pointing out what could happen to an Executor who fails to discharge his or her duties.

I have also gone through something similar with an Executor.