LSRA deeming solicitor complaints as inadmissible by beneficiaries of an estate!

John_100

Please read the following link by Shane Phelan in the Irish Independent, if it affects you, or someone you know.

https://www.independent.ie/news/watchdog-hit-with-flood-of-complaints-about-wills-40913296.html

We (the beneficiaries of an intestate estate) lodged a complaint with the LSRA. Communication continued for several months. In the end, the LSRA deemed our complaint as "inadmissible", as the LSRA said that the beneficiaries who made the complaint were not considered to be a "client" of the solicitor, as per their current legislation. The Ombudsman was contacted and some very IMPORTANT facts have comer to light!

Cutting a Long Story Short

1. The LSRA has admitted to the Ombudsman that there was an "oversight" when their legislation was drafted in relation to "client" definition.
2. This "oversight" has resulted in certain beneficiaries of an estate (the beneficiaries who are entitled to the funds out of which the solicitor was paid) losing out on their right to bring a complaint against the solicitor - the Law Society previously allowed similar complaints to be admitted for investigation.
3. A parliamentary question has been put to the Minister for Justice in relation to this very serious issue concerning the "oversight" that the LSRA has admitted.
4. The minister's office has been contacted in relation to this very serious issue following the minster's reply to the parliamentary question.
5. There was no reply from the minister's office in nearly 3 months - several attempts made to get a reply.
6. A complaint has been raised with the Ombudsman in relation to a NRC (no reply to correspondence) from the minister's office.
7. No update from the minister's office or the Ombudsman as of yet.

Reason For This Thread

1. Highlight this very serious issue that has, and still is, affecting many Irish citizens when it comes to their property rights.
2. Get more people who have been similarly affected to contact the minister's office.
3. Get the minister's office to make the required changes to current LSRA legislation (include the definition of "client") as per the Solicitor (Amendment) Act 1994.
4. This will enable the LSRA to admit complaints made by the beneficiaries of an estate, who are entitled to the funds out of which the solicitor was paid.
5. Get the minister's office to make the required changes to current LSRA legislation to allow for an appeal process for complaints that are deemed as "inadmissible" by the LSRA. There is currently no way to appeal same, and as the Ombudsman has stated to us, "We have no authority to review any decisions that the LSRA makes, as we can only look at how they carry out their work in relation to their legislation. We have also informed the LSRA not to be directing complainants to us for "inadmissible" complaints, for reasons just stated".

If you have found yourself in a similar situation- or know of anyone else who has - then please reply here or you can contact me by PM if you want privacy. I can give you more details, if you want same, and explain to you why your property rights as an Irish citizen have been interfered with, and how you can do something about it.

The more people that complain to the minister's office, the quicker she will take it on herself to rectify this very serious issue with the current LSRA legislation!

Claw Hammer

Why aren't you having the executor removed? presumably the solicitor instructed the solicitor?

John_100

the administrator's actions are a separate matter..the issue with the current LSRA legislation is still being worked on and we should have an "answer" in the next few months

John_100

an update resulting from experience in dealing with relevant bodies..

1. the Minister's office has nothing to do with changing current legislation..the LSRA consults with relevant bodies and submits a "section 6" statutory review to the Oireachtas to consider

2. no one will tell you what exactly you need to do when confronted with such an issue..you can either pay a solicitor..which might be a total waste of time..or you can do it yourself by "trial and error"

3. everything is governed by law..be it common law or equitable law..so..the best way might be to concentrate on finding out the relevant law in relation to the issue at hand

4. when you start making enquiries you can obtain information that might be very helpful in relation to the issue at hand..so..there is no such thing as a "stupid question"!

John_100

this matter is still ongoing and progressing..so if anyone has any issue with a complaint (beneficiary of an estate complaining about inadequate service or misconduct ) to the LSRA having been turned away as "inadmissible" then please post here