Third Party Instructions

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What are the rules on taking third party instructions from the elderly? I have just discovered my brother has been running up legal bills for my mother, completely without her knowledge. It’s like he’s the client but on her tab.

Also how did they become my Mother’s lawyer? They are my stepfather’s lawyers. They are handling probate for my stepfather. And my brother is a beneficiary of that will as is my Mother. But they are not to my knowledge my Mother’s lawyers. How did she become their client? Would they have had to do know your client checks?

This needs more detail if you want a proper answer. You say he is running up legal bills for your mother. You also say the lawyers are handling probate for your stepfather. Do you mean your stepfather has died and they are handling probate? Are these legal bills related to administering the estate or something else?

Legal bills are to do with new creating a will and LPA instruments for my Mother. Something my Mother hasn’t requested. She isn’t even their client. The lawyer’s letter said it’s vital your mother makes a will and draws up LPA and X our specialist will be in touch. So brother has been corresponding with the lawyers on that. For which my mother has been billed. Brother isn’t their client either.

Has my Mother de facto become their client?

The letter saying it’s vital your mother does x was embedded in a letter to do with my deceased stepfather’s probate.

Has your mother actually been billed for this? It doesn't sound like there is anything billable there. The letter should have been charged to the estate. Suggesting she needs a new will and an LPA and saying someone will be in touch simply means they are hoping to get her as a client for this work. It does not mean they have actually done any work on her behalf.

The solicitor has visited my Mother. I’m guessing this will be billable. It was organised by my brother, he said he had a few emails to and fro with them about it. My DM agreed to the appointment because she thought it was to do with the other matter. The solicitor was very courteous and helpful but my DM is now worried about the bill. Do lawyers accept instructions from third parties like this? My mother has capacity and is able to speak for herself.

Just wondering what the rules are before I wade in.

I wouldn't wade in at this stage. It is not clear that any costs have been incurred. Even if costs have been incurred, it seems unlikely that they have been incurred by your mother from the description you give.

Thank you, very much.

if my DM was to become their client would she need to do ID and AML checks?

I’ve since spoken to my Mother and she has been billed. What are the rules about third party instructions on behalf of the elderly? Presumably my mother would have to give express authority for my brother to deal on her behalf?

I was hoping she would go to a different solicitor for her LPAs and some IHT planning advice. My stepfather’s solicitor made some very careless mistakes with my stepfather’s estate including a cut and paste error in the will.

That still leaves the question as to whether your mother instructed the solicitor when she saw him and the bill relates to that. For example, the letter suggested she needs a new will and an LPA. Did she instruct the solicitor to proceed with one or both of these? If so, the solicitor is not acting on third party instructions.

However, the rules are that a solicitor can only act on instructions from the client or from someone authorised to act on their behalf. If there is any doubt, a solicitor must not act until they are satisfied that the instructions represent the client's wishes. They must always act in the client's best interests.

Thank you. I think she could have instructed during the meeting.

And she does need the LPAs so we may as well run with it now. Thank you for your help.