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Proceedings after Death

including wills and probate
Elvisbarney
Posts: 43
Joined: April 17th, 2017, 2:41 pm
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Proceedings after Death

#136146

Postby Elvisbarney » May 2nd, 2018, 7:37 am

I hold financial Power of Attorney for my elderly father who has advanced dementia.
I have an ongoing complaint on my father's behalf, lodged with the Legal Ombudsman,in respect of a solicitor firm who managed to lose the property Title Deeds to the house he lived in for most of his adult life ( Title was unregistered). A staggering delay of eight months ensued before the legal sale was finally completed.

My father's health has recently deteriorated rapidly, and I fear he may not be around by the time the Ombudsman rules.

The question I have is: as the initiator of the complaint, am I able to pursue the legal firm so they are held responsible for the financial losses we have incurred (all itemised and evidenced) or does the firm in effect 'get-out-of-jail' free?

Any assistance would be gratefully appreciated.

pochisoldi
Lemon Slice
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Re: Proceedings after Death

#136290

Postby pochisoldi » May 2nd, 2018, 12:29 pm

If your Father passes away before the action is resolved, then the action can be continued by his executor/personal representatives on behalf of the estate. Any compensation would be paid into the estate and distributed according to the will/rules of intestacy.

Or put another way, legal "rights of action" belonging to an individual don't terminate on death, they pass to the estate.

PochiSoldi

Elvisbarney
Posts: 43
Joined: April 17th, 2017, 2:41 pm
Been thanked: 11 times

Re: Proceedings after Death

#136438

Postby Elvisbarney » May 2nd, 2018, 7:53 pm

Thankyou PochiSoldi for the response, most helpful.


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