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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I have just been very involved in selling my 85 year old mothers

Resolved Question:

I have just been very involved in selling my 85 year old mothers house and the solicitor that she has used has ensisted on keeping the proceeds of the sale in his client account and has confirmed that it will pay no interest as it will cover the admin fee.
She has a bank account that will pay 2.8% interest on her money which will give her approx £120.00 per week . I feel that this solicitor is feeding his own needs . Can he legally do this as at 85 he has told my mother this is best for her . He has also sub contracted the conveyancing of this house to another solicitor who was given a written instruction signed by mother to pay the funds into mothers account . But she has acted on a subsequent verbal instruction from him which he claims mother gave him CAN HE DO THIS
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi,

What is the solicitor's justification for doing this please?

Why has he advised your mother to do this?

What does your mother wish to happen to the money?

Tom
Customer: replied 1 year ago.

He has been her solicitor for some 30 years


He asked her a leading question as regard to keeping the money and


she agreed


 


She is vulnerable and agrees with the last person who spoke to her

Expert:  Thomas replied 1 year ago.
Hi,

How long has he proposed to hold the money for? What is the ulimate purpose he is seeking to achieve here?

Tom
Customer: replied 1 year ago.


Dont know his motives we do not know what is going through his brain

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

The key here is what your mother wishes to happen to the money. If she instructs him to transfer to her personal account then he has to do so, no questions asked. Explain to her clearly why you consider this is a good idea and if she wishes for it to be transferred then she needs to contact her solicitor to instruct him to do so. He must then transfer. If he does not then you need to report him to the Solicitor’s Regulatory Authority.

A solicitor is bound by the SRA conduct rules to act in the best interests of the client. If he is advising that the money should be kept in his client account simply for beneficial financial reasons which are not true then this would be a breach of this conduct rule. If however he has said to her that she may consider that the money is “safer” in the client account because of their close relationship and that no money will be taken with his authority and therefore he is providing a first line of defence against fraudsters then this would not be a breach of the conduct rules.

Your mother needs to firm and instruct him to transfer to her account. If he does not then something extremely fish is going on and you would need to get in contact with the SRA



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Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6054
Experience: BA (Hons), PgDip, Practising Solicitor
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