I am assisting with a probate where another solicitor (not a private client solicitor) has taken letters of administration for the UK part of a deceased’s estate who was Japanese domiciled.
Share certificates for a large value shareholding have been lost and the usual indemnity is being asked from the administrator.
The administrator is refusing to provide the indemnity because she thinks it’s too much of a risk for her.
Given that she has taken up office and has a duty to administer the estate I would have thought she has to provide the indemnity but perhaps can request an indemnity from the beneficiaries or take out some sort of insurance if she has real concerns?
Any thoughts? The only other alternative I can think of is to go through the long winded route of getting her to renounce (if that is even possible at this stage).
Allard Bailey Family Law