We are acting in the estate of T who made a Will appointing his Mother, M as the Executor and dividing the estate between his daughter J and his niece, N, who don’t get on.
The estate is substantial and we are just over a year into a complex administration. A significant amount of work has been carried out and IHT paid. Our fees to date have been - and will continue to be - discharged by rental income received by the estate.
All of a sudden, J has questioned the validity of the Will (not prepared by us) and is making enquiries in this respect. She is of course entitled under Intestacy to take the Grant and also inherit the entire estate (there was no previous Will).
If the Will is set aside, J will instruct her own lawyers to conclude the administration.
My question is, under those circumstances, we would have been instructed by someone who acted in good faith at the time but retrospectively has no authority, so would we be entitled to keep the monies already billed and paid?