Solicitor refusing to communicate with executor

A question about : Solicitor refusing to communicate with executor

I have a question which I’m hoping someone will know the answer too.

I am the executor to my mum’s will. Probate has been issued. My sister who I’ve always got on well with suddenly went to see a solicitor for advice. Since then she has asked her solicitor to not communicate with me. Every time I write to him regarding the estate he says his instructions are he is not to communicate with me direct on this matter, but only through a solicitor.

Where do I stand here as I do not want or need to appoint a solicitor to represent the estate.

Thanks,

Robert

Best answers:

• If probate has been issued and you are the executor, there must be more information .... You haven't explained why you are having to communicate with your sister's solicitor at all- is your sister challenging the will or your handling of the estate ?
  If so, on what grounds ?
• If as executor, you are acting in accordance with your mother's wishes, and you are fulfilling the requirements of the Probate Office, there is no real reason for you to communicate with your sister's solicitor. If your sister wishes to raise objections to the will, then her solicitors should contact you with details of the objection.
• Thanks for you both replying to my question.
  I have undertaken virtually all the requirements as executor. It was at the point where my mum's property (to which she owned 3/8th as the other 5/8th is in trust to my stepfather's children ) was being purchased by me at its full market value. It was all done legally and both my sister and the trustees were in agreement.
  Two weeks before the settlement date (after nine months of negotiating with all parties) I found my sister had seen a solicitor and refused to sign for the property to be sold. Since then I have answered all her solicitors questions regarding our mum's estate. He now say his client doesn't want him to communicate with me, but through a solicitor.
  Her solicitor has not told me his intentions even though I have asked.
• I do not believe that she is entitled to insist that you use a solicitor to deal with the estate but it may be worth consulting one and I believe you would probably be able to claim the costs of that consult from the estate as a beneficiary is demanding it.
  Do you desperately want to buy your mother's house or was it just a sensible solution that allowed the estate to be wound up?
  Unless you are absolutely heaven bent on buying it I would write, formally, in your capacity as executor, to all the beneficiaries, explaining that you are not able to continue with executing the Will without running up legal costs due to your sister's demand. Give them the choice of paying for a solicitor to act as go-between or your resigning the role of executor and them applying to take over the role or paying for a solicitor to act as executor instead.
• It may be worth taking advice because, depending on how the will is worded, your sister may not have any say in the sale of the house. There's a big difference between a share of the house being left to you and your sister and you, as executor, being instructed to sell the house and divide the proceeds.
• There are only two beneficiaries who are named in the will concerning the property. Unfortunately they are my sister and I. The rest of the property (5/8ths) is in trust to my stepfather’s grandchildren who do not want to get involved in any legal matters.
  I have written to my sister’s solicitor already stating I have no intentions of getting a solicitor to represent me in this matter. I also stated his client (my sister) should actually be grateful of this fact because if I was to appoint a solicitor to represent me, it would be paid out of the estate she is inheriting. His reply was ….
  As previously advised, my instructions are I’m not to communicate with you directly on this matter, but only through solicitors.
  I can only suggest that you instruct your own solicitors in this matter.
  Surely if I’m legally appointed as executor to the estate, he has a duty to communicate with me?
• You are not being clear at all. What exactly does the will say, the property is to be transferred to you all jointly? In which case you have done this, you need to produce accounts and then you have done your duty as executor. Or does the will say the property is to be sold? If so why has it been transferred into the beneficiaries names and not sold as her estate?
  Why are you confusing matters by purchasing the property? This is a conflict of interests with your role as executor because you obviously don't want to pay over the odds nor can you sell for less than market value. Unless you buying this property is specified in the will it is not part of your role as executor, so your sister's solicitor does not have to communicate with you as beneficiary.
• Thinking about this, is it possible your sister doesn't want to sell her % of the house to you or anyone ?
  The estate contains 3/8th's of a house. While you may want to buy your sister's share (ignoring whether valuation is correct or not) I don't see why you assume you can force her to realise her % at Јx. Normally in a house/beneficiary split you get some who want the cash so there's the option of an open market sale vs negotiation between beneficiaries of 'buying out' those who want to be bought out. Your late mother's house is already 5/8th's owned by a trust, so it can't be sold.
  At this point I'm stuck. in theory you (as a beneficiary) could force the executor (also you) to realise your % value. But my point is, your sister, in this precise situation, is not doing that - she's sought legal advice to prevent her % being disposed of ie sold. I don't see how you can dispose of it without her consent. The possibilities are a) she wants to retain her % or b) she wants a better price and if b) it's not as cut and dried as you think.
  Edit : Just thought, if the above is correct, the solicitor may be obliquely putting you on notice that the executor (you) is not in a legal position to dispose (sell) his client's inheritance (the %) and that the executor (you) should take legal advice on that position before proceeding.