Can Executor be liable for a bill after completion of an Estate?

From what was explained to me when i agreed to be an executor then yes, if you haven't done your job fully then you can expect it to come back to you.

a/ I agree, when i say 'do your job fully' of course you are not the expert and rely on others to tell you waht you need to do - so if they haven't done that properly then you are right to be pissed off. However I suspect as with many of these types of things, whoops our **** up doesn't get you off the hook to make it right without substantial hassle.

b/ yes, i believe as executor you take on the same liabilities as the seller

c/ see a/

From my understanding, yes. You are responsible for the settling of the affairs and estate.

And if you screw it up, you can even be sued by any interested parties.

Thing is the boundary marked on the Land Registry plan used at the time is correct. But the boundary has been marked with a green line, and should have been red. Boils my piss that solicitors always have a cop-out - 'not my fault guv' approach, especially when they got £1000's to sort out this estate.

Yep.

As I said in the Universal Truths thread:

Life is often unfair. Sometimes you can just be happier by accepting it rather than trying to change it – knowing which injustices are worth your efforts is the key to survival.

I'd try to tell them as a first instance it's their problem and sort it out as that's cheap and easy (for you) to do. If they won't, then just lube up and get ready and hope it doesn't hurt too much.

Surely it is the solicitors job to make sure all the deeds and plans are in order for the Land Registry to transfer the title. 18 months later, the Land Registry has marked the solicitor's homework and found errors with it? I'd be telling them to jog on (perhaps).

And they are using the 'Covid' excuse as well for the delay with the Land Registry. 18 months delay - yeah right! 🙂

If it's the solicitors mistake then surely they are liable. You'd need to check your contract with them as I'm sure it would have detailed any limitation of liabilities.

But they're solicitors so probably have hundreds of ways of getting out of it.

You could always offer to pay it in cash, in 10 pence pieces 😃

18 months delay – yeah right!

If the registration involves more than a simple transfer of title e.g. changes to a boundary, then 18 months is within the realms of plausibility.
Edging the boundary in the wrong colour is about as elemental as the error could be - there is no way it should have been done in green.

If and when you do pay, include a red pen, with a bill.

I think my response would be "what happens if we refuse?"

How much time/effort do you want to spend over £85, and did your wife benefit from the estate?

No boundary changes.

After further emails it looks like they've pulled a Land Registry plan that was used for the sale of some adjacent land over 18 years ago. Retained land (the house we sold) marked in green and boundary correct. Land being sold marked in red. With massive BUILDING PLOT wording at the top!

Boundaries never came up as an issue at the time - isn't this what we pay them for to spot stuff like this?

I know we'll end up paying and they've said this £85.00 would be the only cost we would be liable for.

I know we’ll end up paying and they’ve said this £85.00 would be the only cost we would be liable for.

I would get that in writing before believing it.

I would get that in writing before believing it.

This. I'd also be a right *** about paying it...send them postal orders to the value of £5 each over a period of 17 months.

Was there a solicitor acting for the estate during the conveyancing process? If so, they haven't done their job properly (making sure the title plan was up to scratch before submitting it to LR). If they had, any extra cost of remedying it would have been borne by the estate, not just your wife.

When was probate granted? I believe there is a time limit after this for any claims against the estate, hence coming after you.

It's certainly a bit off trying to reclaim such a small sum 18 months after the asset was sold and well after the estate was finalised and funds distributed.

Send them a cheque for £85 with an invoice for £86 for time you spent and their failure to satisfactorily carry out their job.to your satisfaction.

Does the green extent on the plan accurately show what's being transferred or is there a mix of red and green lines making up the transferred extent?
If it's just that the transfer describes the property as 'edged red' on the plan then have it amended to 'edged green' if there is a mix of colours and the plan is otherwise accurate (or based on a lr plan) then get the transferred extent marked in some other way, ie by colouring or hatching, and make sure the description is amended accordingly. Unless the plan is based on outdated OS detail, or is horribly distorted/poor quality then I doubt a new plan is required.
The buyers conveyancer can do this provided you give consent and agreement through your conveyancer.

Boundaries never came up as an issue at the time – isn’t this what we pay them for to spot stuff like this?

Yep. But as said, when they don't they'll still blame you.

I know we’ll end up paying and they’ve said this £85.00 would be the only cost we would be liable for.

I would get that in writing before believing it.

The letter will miraculously stretch to 3 pages (just) and be charged on a per page basis. You'll end up owing them £150 for the letter.

I've just typed this - I know the wife won't send it though - just made me feel better!...

[i]I do not feel I am responsible for this payment as:-

a) If the plan you have sent me was the plan used in the conveyancing, the either yourselves or the buyers solicitors have made a major error. The Land Registry plan clearly says ‘BUILDING PLOT’ at the top and this should have been an immediate red-flag and should have been spotted at the time. The cost should be borne between yourselves and the buyers solicitor

b) Boundaries are one of the primary things to be sorted in conveyancing. If there was an issue it should have been raised at the time.

c) You are now asking me personally to bear the cost of this when the cost should have come out of the Estate air completion. ------ Solicitors did the conveyancing and the management of the Estate and all bills where paid on completion.

d) To quote Covid for the delay is stretching it for such a simple boundary query.

e) Am I the only executor you have written to?

f) If you insist I pay - I propose payment in cash over 18 months (@ £4.73 / month) to your ------ Office and would want a receipt and statement of balance remaining for each transaction. 18 months seems reasonable due to the Covid situation.

g) I would not pay any fee without an invoice clearly stating that this would be the final amount due for the sale of this property in relation to this or any other future matter. We pay solicitors to handle these things so these issues don’t arise.[/i]

...and suggested edits!? 🙂

Surely it is the solicitors job to make sure all the deeds and plans are in order for the Land Registry to transfer the title. 18 months later, the Land Registry has marked the solicitor’s homework and found errors with it? I’d be telling them to jog on (perhaps).

I'd be telling them they were paid to do a job and failed to do it, you are concerned about what else they have failed to do, and this cost is a result of their failure. If they pursue this you will refer them to the Legal Ombudsman.

I've done very similar in a probate case and the LO was fully supportive and awarded costs.

I’d be telling them they were paid to do a job and failed to do it, you are concerned about what else they have failed to do, and this cost is a result of their failure. If they pursue this you will refer them to the Legal Ombudsman.

Before going to the ombudsman I would be instructing another solicitor to check their work in case of other issues. Of course they would be paying, not myself.

and suggested edits!?

Nah, they'll charge you 50 quid just to read all that.

First sentence of csb's reply words it nicely.

Raise your complaint about their work with the solicitor first. They are obliged to operate a complaints procedure and somewhere in the bumpf they sent you will be information about that.

I probably already posted somewhere about life many decades ago as a red/ green colourblind articled clerk working in a solicitors' conveyancing department....

I'd just annoy them and bat a few emails backwards and forwards for a bit so I know I'd wasted at least £85 of their time.

…and suggested edits!? 🙂

I'd get it proof-read to catch all the typos for a start.