- May 4, 2024
- Posted by: legaleseblogger
- Category: Related News
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### Issues with Inheritance Distribution in Late Aunt’s Estate
My estranged brother and I are equal beneficiaries in my late aunt’s estate. Unfortunately, probate has been dragging on for an extended period, exacerbated by an incompetent and slow solicitor who left halfway through the process.
During the lengthy estate management period, my persuasive brother managed to convince the solicitor to disburse nearly all his share, with only a small holdback for potential tax or other related issues. Unlike my brother, I chose not to request any interim payments and was content to await the final settlement.
Adding to the complexity, a trust matter arose benefiting a third party. Upon discovering this trust issue, the solicitor realized they had mistakenly overpaid my brother by £35,000. Despite managing to recover £25,500, my brother claims he has spent the rest and cannot reimburse the remaining £9,500.
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The solicitor is now attempting to shift the burden to me, proposing a deduction of £9,500 from my inheritance and setting up a payment plan for my brother to reimburse me £150 per month over five years. Given the strained relationship with my brother, I anticipate he will likely disrupt, delay, or cease payments deliberately to cause me distress.
### Dispute Resolution Strategy
I intend to inform the solicitor that the decision to prematurely distribute funds to my brother is not my responsibility. I will demand that my inheritance be paid in full without any deductions and insist that they pursue my brother directly for the outstanding amount. I am prepared to engage my own legal representation to pursue this resolution.
### Seeking Legal Guidance
Given the complexities of the situation, seeking legal counsel may be beneficial to protect your interests and uphold your rights in this matter. Consulting with a lawyer can provide clarity on the legal implications and options available to address the overpayment issue.
### Conclusion
In conclusion, it is crucial to assert your rights and challenge the solicitor’s attempt to transfer the financial burden to you. By seeking legal advice and utilizing tools like the AI Legalese Decoder, you can navigate the complexities of the legal process and advocate for a fair resolution to the inheritance distribution issue.
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****** just grabbed a
>An Executor is the person who is responsible for dealing with the possessions of the deceased. These possessions are collectively known as the Estate. The Executor has the legal authority and responsibility to administer the Estate **and is ultimately liable for any mistakes made**.
>
>https://stanlaw.co.uk/the-role-of-an-executor
So assuming they’re the executor then yes, this is their problem not yours, and you’re entitled to your share of the estate. The fact they were “persuaded” to pay him money early is ridiculously unprofessional – generally speaking solicitors will (should?) sit on everything until they’re in a position to pay everyone at once, precisely to avoid this sort of issue. If they weren’t the executor but were appointed by the executor that might complicate things.
But ultimately just tell them no, and say “so what now?” They might be forthcoming or they might try and make out like you “have” to accept what they’re suggesting, in which case you’d probably have to talk to a different lawyer and maybe go after them in a civil case to get what you’re owed.
Is the solicitor the executor of the estate? Who instructed them?
On the face of it, this is indeed the executor’s problem, especially as the executor is a professional.
NAL but I have been an executor. Usually executors will do anything to avoid getting into this exact situation because the responsibility is entirely theirs to ensure that the estate is properly wound up, bills etc paid and all beneficiaries receive the correct amounts. Interim payments are fine, up to a point, but only after all of the liabilities are known, and for a smaller percentage of the final payouts than has clearly occurred here. Screwing up like this has consequences for the executors, not the beneficiaries and I am gobsmacked that an experienced probate solicitor has made such a basic error.
1) they need to pay you what you are owed, in full. They know this, they’re trying to wriggle out of it.
2) if they think a £150pcm repayment plan by your brother is an acceptable arrangement going forward, they can pay you now in full out of their own funds and have your brother pay them back.
3) or they can claim on their professional insurance, the choice is theirs and neither matters to you.
They need to pay you the full amount that you are legally due. The fact they overpaid somebody else is irrelevant and completely up to them to solve.
From your wording, they are proposing. That’s because they’re not in a position to insist.
It’s between them and your brother, and you are entitled to your full inheritence.
I’d remind them of their fiduciary duty to yourself, and (it sounds like they’re holding funds/assets) their breach of trustees duty.
Thanks to all the kind folk who have responded. I have read all of your responses and I’m feeling positive about this.
Nah, how about the solicitor stumps up the 9.5k and your brother pays them £150 a month
“If you’re proposing a £150 a month payment is a perfectly acceptable way to deal with this, I assume you would accept my brother to make that to you instead of me?” Watch them change their minds about it being acceptable.
They’re legally liable to make it right as the executor. That means paying you in full, and getting the overpayment back themselves.
NAL but I have executed complex estates.
On the face if it, this is 100% the solicitor’s problem. As executor, they simply owe you the money.
My guess would be that for the relatively low sum of 9.5k they will simply bear the loss. Probably, the current shenanigans are an attempt by the solicitor in question not to let this reach a partner’s ears. If it doesn’t work, they’re likely to pay you rather than be in even more trouble within their firm.
Politely assert that you expect to be paid the money.
The executor (which sounds like it may be the solicitor) is responsible for this. They should be insured against it though…
This is definitely their problem, the fact your brother blew the lot makes the repayment plan a joke quite frankly.
The very fact that they, as executors, have even proposed this infuriates me. I’d report them to the SRA for that.
I would send a letter entitled “Formal Complaint” and in it propose that they make good on your shortfall, and pursue your brother themselves. Doing that will forestall any further steps with external regulation bodies regarding the mishandling of funds.
This is very simple as they are a solicitor.
They made a mistake as an executor. Any attempts at reducing your payout is illegal and reportable to the SRA
Short answer, no you do not have to accept this. What you can do is make a complaint via the complaints process. Make sure you state in the letter clearly that you will not accept a reduction in your inheritance due to their negligent handling of the estate and that you expect them to reimburse the estate.
This should be reported to their pi insurance. Yes it is within their xs most likely, but once its a claim I.e. you have requested compensation, the pi insurance will have oversight.
It’s also worth dropping in that you believe that it would constitue a breach of the SRA accounting rules as they have paid the wrong person from client funds.
It will not be a quick fix if your brother is refusing to pay, but if they reimburse the estate as they should it shouldn’t hit you too hard.
Source: I have worked various insurance claims departments including pi for a good long while.
Let us know what they say won’t you,I’m really interested in this story
Yea it’s their problem not yours (assuming they are executors and not advising an executor).
They’re trying to get one over on you, they know they messed up, and they are shockingly trying to weasel their way out, and make you pay for their incompetence, rather than own up and absorb the loss. How dare they suggest you pay it.
First you need to complain to the solicitor and follow their complaints procedure. If the resolution is not to your satisfaction you escalate it to the legal ombudsman or to the SRA (code of conduct) depending on the type of complaint.
I would also be mindful they don’t try and bury this £9,500 or part of it in their fees. Ask for a detailed breakdown of their invoices showing all minutes expended. They will already have this kind of detailed breakdown on their billing system.
Here’s the link for the law society detailing the procedure. Cheeky buggers I can’t believe they asked you to pay, the gaul of it, I would have told them where to go.
https://www.lawsociety.org.uk/public/for-public-visitors/using-a-solicitor/complain-about-a-solicitor#:~:text=If%20you%20have%20complained%20to,problems%20with%20your%20bill
No, don’t agree to this. If anything, the solicitor needs to reduce his fee or otherwise pay the estate back from his own resources, and then he can work out a repayment plan with your brother. It’s not your responsibility to fix the solicitor’s error.
The solicitors are liable even if not a client – breach of trust and fiduciary duties. Tell them you’re entitled to the full sum and not obliged to wait