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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11442
Experience:  30 years as a practising solicitor.
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Can I sue the executors? I am residuary beneficiary. Total

Customer Question

Can I sue the executors ? I am residuary beneficiary . Total estate £196k. This has taken over two and a half years to produce accounts and have accrued fees of almost £17k. There has been no change to debts or estate funds since confirmation granted Feb 2015. No reason for delay other than obstinacy and basically arguing every detail with the solicitor , therefore increasing costs. They have not acted with due diligence or tried to keep costs low . Basically ran up huge fees which are to be charged to estate . I am in Scotland -
JA: Thanks. Can you give me any more details about your issue?
Customer: In order to get accounts I had to threaten court action. Warrant was granted , only then did they agree to accounts bring produced . They were not prepared to go to court . The fees are disproportionate to estate value . From what I have read about 2% of the estare value is the average . Estate not complicated . Two life policies , some UK shares and a premium bond . Debts comprise mortgage , business debt , tax bill and a credit card . Also bill for headstone .
JA: OK got it. Last thing — Solicitors generally expect a deposit of about $45 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.

Typically the duty of an executor is to inventory the estate, obtain Confirmation, ingather the estate and pay out the benficiaries in accordance with any will or alternatively under the rules of intestate succession of there is no will. For an estate like the one described by you, ie, a few items of estate and a few debts the total bill would be expected to be about £6000ish. Every estate is different, however. In this case if the executors have run up an unnecessarily high bill then that bill would have to examined in detail to see why it is so high. The auditor of court or an independent expert solicitor could be asked to examine the file and the legal account to see whether it is justified and reasonable for the estate to pay it or whether the executors have been acting unreasonably. If it is not reasonably charged to the estate, then the beneficiaries would be justified in making a claim against the executors. I am assuming that there is no issue with the solicitors and that they did the work that was instructed and that the issue is simply who should be paying for the work.

Expert:  JGM replied 1 year ago.

Let me know if I can help you further with this. Can you also remember to leave a positive feedback on the system so that the site credits me for my time. Thanks for using JustAnswer.