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New Solicitor to draft Probate Assents

I have a Solicitor who is creating a lot of trouble in looking after a Probate issue. Probate has now been granted and I wish someone else to look after the Assents for me. How can I deal with this ? What are my rights? I am very unhappy with the service being provided by the Solicitor.

As we have discussed on the programme before the Grant of Probate is a type of Warrant from the President of the High Court which allows the Executor sign the legal documents necessary to put the wishes of the deceased person into effect. When it comes to transferring property the documents are called Assents to which the Listener refers.

The signing of the Assents are completely separate from the process of extracting Probate and because Probate has issued you can go to another Solicitor and instruct him/her to draw up the Assents and any other vesting documents required.   The new Solicitor will of course need the original Grant of Probate and the title deeds to the propert(ies) which you should bring for the first meeting.

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

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