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Can you change solicitors during probate?

Can you change solicitors during probate?

There are many reasons why you might want to change your solicitor during the probate process. Perhaps you instructed the solicitor who held the Will, but they are based in an inconvenient location, or maybe things are not progressing quite how you imagined. If you need to change solicitor, you have the right to do so at any time.

Understanding the service of solicitors 

For many people going through the probate process, this will be the first time they have had to carry out the role of executor – it may even be the first time they have instructed a solicitor. As a result, it can be very difficult to choose a law firm and to gauge whether the law firm offers good value and good client service. At a basic level, your solicitor should be communicative and keep you informed of any progress and any delays. They should also be upfront with you about fees. If you are unhappy with the service of your solicitor, you can choose another solicitor to work with and you may even be able to make a complaint. 

What happens if I want to change my solicitor during the probate process? 

If you decide you would like to change your solicitor, you can instruct the new solicitor at any time. However, in order for your file to be released to your new solicitor you must settle all outstanding fees. Your old solicitor will then release your file either to you, or if you wish they can send it directly to your new solicitor. 

Can my solicitor refuse to pass on my file? 

Your new solicitor will send a mandate for your file, which should be adhered to by your new solicitor so long as all outstanding fees have been paid. If your old solicitor refuses to implement the mandate without sufficient reason, or you dispute the fees that are due, there should be a person in the firm you can contact – normally the Client Relations Partner. You should discuss the matter in the first instance and if it is not resolved you can raise a complaint. 

Will changing my solicitor during the probate process cause any difficulties? 

Changing solicitors during the probate process shouldn’t cause any insurmountable difficulties for you in the administration of an estate. Of course, changing solicitors is additional administration so could cause a small delay depending on the circumstances. If you decide to work with Wilson & Fish, we will do all we can to ensure a smooth transition, and an efficient service from the moment you instruct us. 

We are a team of highly experienced, specialist probate solicitors working across Scotland. We will always be upfront with you about fees and strive to offer exceptional client service. To discuss changing solicitors during the probate process, get in touch with us today.