Changing Solicitors for Probate – Transferring Files Between Solicitors

Think of it like reading a book, if you like the author, the style of his/her writing and language and how easy it is to follow what the author is writing about then you will continue reading, if you do not then you will most likely put down that book and find another one to read. The same can be said about probate services you avail of from probate solicitors, whether it be making a will, enduring power of attorney or dealing with Probate matters from grant of probate, it is essential that you are comfortable with how your probate solicitor communicated with you and that you fully understand the probate process as you move through it.

Lately, we have received a number of queries from concern people asking us how easy it is for an executor of a will to change from one probate solicitor to another when they need to move through the probate process. This is often referred to as transferring files between.

How can I transfer files between solicitors to change probate solicitors?

It is, in fact, a relatively easy procedure to transfer files between solicitors and change from one probate solicitors to another. The Law Society of Ireland has confirmed the procedure in their publication – A Guide to Good Professional Conduct for Solicitors. – and the transfer process is as follows:

1. A request should be sent by the new probate solicitor for the client\’s file. Upon receipt of this request, the previous probate solicitor should confirm the conditions of the transfer and enclose a bill of costs should any probate fees be due to him/her by the client.

2. The client is entitled to review the bill of costs from the previous solicitor and decide whether they agree or not to fees that the previous solicitor is requesting. If there is a dispute regarding the level of probate fees being charged, the client may seek resolution of same through the taxation process or via the Law Society should they feel the fees are excessive. Once the client agrees to the level of fees that the previous solicitor is requesting, it is often agreed that the probate fees will be dealt with as a debt on the estate deducted during the administration of the estate.

All clients have the entitlement to change solicitors through file transfer should they feel the need to. Once a solicitor’s fees are paid to the previous solicitor the file belongs to the client.

It is important to note that it is not appropriate and often not possible for a probate solicitor to give a second opinion on a matter on which another probate solicitor is instructed, the reason being that the new solicitor will not have access to the file to advise.

Choosing a solicitor is an important decision and it is vital that you have trust in your solicitor.

If you are thinking about changing solicitors or have any queries regarding transferring files between probate solicitors please contact us for more guidance on 01 234 3732.