solicitor refusing to declare minor beneficiary on application to reseal probate

[jazzfestival]

There is of course a long back story but the current concern is as title .

UK estate with land abroad . Much difficulty with executor and UK estate - claim that death bed will excluded 4 beneficiaries cited in written will etc .
Application for UK probate declared no land abroad and no minor beneficiaries .Executor's son is a minor beneficiary .

Draft papers for resealing probate say no minor . When this pointed out executors solicitor says "whoops" an error ,we will ammend application .
Then say application will be submitted as is ,without ammendment .

Then we receive copy of order resealing probate with accompanying copy of badly photocopied will which is reproduced in such a way that the name of the minor is no longer visible .

The solicitor I have engaged in the country concerned says in answer to my query about not ammending the application for resealing probate that it "is neither here nor there " as it does not affect total value of estate or the share of other beneficiaries .

Is my solicitor acting correctly in ignoring this dishonesty ? Is it really the case that as long as it doesn't affect her client ( it will ,because it's bound to be discovered when the family talk to eachother ) it doesn't matter ? Is it ok for solicitors to collude in misrepresentation like this ?

[Gengulphus]

I think more details are needed for anyone to have a hope of answering your questions. In particular, it really isn't possible to answer questions about what's legal and what's not without knowing which countries' legal systems are involved and which one will rule on each question!

Not that I'll be able to answer your questions even with such details - I'm afraid my legal knowledge does not extend to other countries' laws about wills, probate, etc! But with such details, there is at least some hope that someone able to answer your questions will come along; without them, I can't see any realistic hope of that...

Gengulphus

[jazzfestival]

Ok ,thank you .

The countries involved are the UK and Nevis .I believe that the two countries share very similar legal systems .

[malakoffee]

This sounds familiar . . . . . .
http://boards.fool.co.uk/executor-hidin ... e#13362730

[jazzfestival]

Yep ,same story continued .

[Clitheroekid]

There is of course a long back story ...

I recall this story from TMF days, and I'm sure you'll agree that's something of an understatement!

Is my solicitor acting correctly in ignoring this dishonesty ? Is it really the case that as long as it doesn't affect her client ( it will ,because it's bound to be discovered when the family talk to each other ) it doesn't matter ? Is it ok for solicitors to collude in misrepresentation like this ?

Unfortunately, it's really impossible to provide a useful answer to this sort of question on a board like this. You would need to provide far more detailed information to allow readers to form any sort of judgment. If I were advising a client in such a situation I'd want to see all the correspondence from the solicitors etc, if only to ensure that you hadn't misunderstood what they were saying.

You need to put your concerns in writing to the lawyer and obtain a proper written reply. However, once you've done so you should probably accept what they are telling you. At the end of the day you've retained professionally qualified lawyers, and the only common sense advice is to rely on their advice, otherwise what's the point of hiring them in the first place?

If it turns out that they've cocked up then at least you / whoever is adversely affected would have rights of redress against them.

[jazzfestival]

Thank you Clitheroe .

Yes you're correct ,some backstory .I wasn't trying to hide the details ( partly why I used the same username ) just thought people might not want to hear it all again .

I have written to our solicitor expressing a degree of shock that both sets of chambers seem to think it's ok to complete papers for resealing with incorrect information .I just wondered if I were overreacting ,hence posting here .

I don't think it's my missunderstanding or a cock up ,I give quotes below ( please let me know if I shouldn't quote on a forum like this )

Quote 1
We were not aware that xxxx was a minor. We take full responsibility for this error. All that was required was for our chambers to check this.Given that this is the case, we will have to amend the documentation and have xxx also act as Executor of the Will

Quote 2 ( change of position )

Please note that the prevailing law provides that one executor is sufficient, even where there is a minority or life interest and that the court has a rarely exercised power to appoint an additional personal representative to act with the sole executor in the Administration of the estate.
In the premises, we hold the view that there is no need to have the papers amended and will proceed with the resealing of the grant as presently drafted.

Quote 3 ( from our solicitor ) Whether or not the papers were amended to show the minor interest is neither here nor there as far as it relates to the interest of your children or the value of the estate.

There seems to be a focus on the number of executors as opposed to correcting the error on the draft papers that were provided.

I suppose it's possibilty that the "grant as presently drafted " might refer to a second set of draft papers with the error corrected but that have not been provided .

I don't know .I worry that the solicitor we are using is inexperienced and being got the better of .

I wonder if we should just write to the High Court that resealed the probate and point out that there is a minor and by the way if the same photocopy of the will accompanied the application then it's wiped out any mention of the minor concerned ,

[jazzfestival]

Well reply from our solicitor confirms yes ,probate resealed and minor interest not declared .

Not known why other "side"'s solicitor first said papers would be ammended and then said they wouldn't be .
" . I cannot account for xxxxx actions in this regard.

Or what is being relied upon to provide the estimate of the value of the land that we've been given . " I am not certain whether a more recent valuation was done by xxxx to place the current value of the property at xxxxx."

I don't know whether I expected too much eg that having asked for the above points to be addressed that our solicitor would ask the other solicitor and then tell us the reply . I have asked more than once and used phrases like "this issue remains outstanding " . I wonder if I'd said please ask XXXX why I might have got an answer ?

Oh well ,who knows .

Anyway I've emailed to say that we will now be engaging another solictor . AS if that were easy .Sigh .

Anyone care to express a view on whether I am bonkers not to be happy with replies such as those above ( they are not the only responses that I find baffling and/or vague ) . ? Or any views really .

[quelquod]

ISTM (more or less as CK has pointed out) that you've retained an expert and have his advice presumably covered by his indemnity. I don't really see that finding another solicitor is here or there, I'd stick with someone you know.

FWIW in this situation I'd have preferred a half-hour face to face. You can't really expect a solicitor to write an umpteen page treatise on the ins and outs of the situation and even then he'd likely miss something you were concerned over. You could cover (have covered) lots of detail in a conversation.

[jazzfestival]

Yes a face to face would have been a good idea ,We could have skyped .

I didn't think of it !