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Stop Solicitors stealing from the Dead, – repeal the Solicitors Act 1974.

2 Comments 4th July 2010

The 1974 Solicitors Act should be repealed, because the ‘Rights and Privileges’ the Government bestowed upon the solicitors’ trade union membership “The Law Society”, to be a self-regulatory body, has been abused for too long and should be withdrawn, as soon as it is possible to do, as Solicitors have become – a profession beyond the Law.

Why does this matter?

When my parents went to a solicitor to make their Will, a partner of the firm drew up the will naming his own firm as the sole Executors and Trustees of their Estate. In 1985 on my parents’ death according to their wishes, as sole surviving beneficiary, I should inherit my parents’ estate.


Even when there are no problems with the estate, the solicitor was allowed by law to benefit from controlling the deceased estate this is called the “Executors year”, during which he would not allow me to move back home, and after a year the solicitor still refused to let go of the estate and hand over keys and deeds to my parents’ estate.


The Probate Court claims that once they grant Probate they claim thereafter they have no powers to force their appointed executor and trustee to account to the beneficiary.
As I understand it, the only way that a beneficiary can obtain their inheritance from out the hands of a solicitor, is by an application to the Chancery Division of the High Court of Justice in London to order that orders the executor to account for an estate, as the High Court has the power to override the Solicitors self-regulatory power under the 1974 Act. The problem is that a solicitor is needed to lodge the application.


Solicitors Act of 1974 can be viewed on the website: – http://www.opsi.gov.uk/acts/acts1974/pdf/ukpga_19740047_en.pdf


If you make a will to leave your estate to your children, then your named beneficiaries should inherit your estate on your death. A will should ensure this, without the beneficiary having to fight executors in Courts in order to have their inheritance.


The Government should not have made laws to allow greedy solicitors to steal from the dead and not be held accountable for their actions.

Hopefully, the new system to ask the public what they think will be a change for the better. I look forward to seeing what happens now.
 

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2 Responses to Stop Solicitors stealing from the Dead, – repeal the Solicitors Act 1974.

  1. K Mcdonald says:

    Yes I agree with this….
    I have had the very same problem

  2. Paul Greenwood says:

    Now watch your money disappear as they create fake invoices. You need to demand Time Ledgers to see what they are doing, reject their invoices unless they are fully detailed, sign nothing. As sole beneficiary you have an edge, it is when you have a dim sibling you have problems as the lawyers set about creating friction as in divorce cases to generate fees.

    You can do nothing for one year, then you can instruct them to pay you.

    The Probate system is a racket especially since judges have total discretion about how matters are handled and some are Freemasons who just love to reward their friends at the expense of beneficiaries.

    Parents should not leave everything to the residual estate but make defined legacies and restrict the lawyers to fixed fee or subject their fees to detailed assessment under Section 47 CPR.

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