Since my question on here, both the Legal Ombudsman and the SRA have confirmed Beneficiaries are allowed to raise formal complaints against a solicitor. This may be something fairly recent?
Following an initial assessment of your correspondence, we have identified you as aconsumer or a potential consumer of legal services provided by the above firm and that theissues you are raising relate to the service that you received from the solicitor. A consumercan be a client, former client or someone who was offered or refused legal services from thelaw firm. It also includes Beneficiaries and Executors under a Will where the solicitor or lawfirm you are reporting are acting in the administration of an estate.
There is another element to this which I should have mentioned.
The solicitor in question handled an employment tribunal claim for me (finalised July 2013) and agreed in writing that they would take their fees out of my share of my father's estate once available.
They have stipulated that if there are any problems in regards to the distribution of funds, they expect to have their fees paid in accordance with their normal terms.
Given the above, are they still not obliged to inform me when they expect probate to complete as it is in my interest as their client to pay their fee from the division of my late father's estate
Thank you for confirming.
Can I confirm my understanding of your earlier reply:
I can complain about the handling of the case now and would be entitled to a claim if it's found later that they indeed handled it badly ? Or I can only complain after distribution? Apologies as I'd like to get this straight.
I should note, the solicitor wrote to me on the 15/01/13: "I am now in a position to apply for the grant and anticipate this will be extracted next month.".
I have lodged a standing search which has found probate is still not in place.
Thank you, that's appreciated.
Apologies, I just checked the link provided: As the solicitor is not the executor (they are administering the will), my estranged sibling and my late father's friend are joint executors...Does this change the situation in terms of making a complaint? And do I make the complaint directly to the solicitor first and if no joy, to the Legal Ombudsman?
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