Law Update: Right to challenge

The right of beneficiaries to challenge solicitors' charges has finally been agreed by the Law Society's council. Residuary beneficiaries will be able to challenge the fees of a solicitor-executor who has carried out the administration of an estate. The move, which has been recommended by the Legal Services Ombudsman, will require a change in the law and is expected to come into force early next year.

The challenge is part of a series of measures agreed by the council last week in an attempt to reduce disagreements over charges for non-contentious work. The remuneration certificate procedure is also to be revised.

It will remain free for clients (and now beneficiaries) but the society is to seek power to require up to half the solicitor's bill to be paid before an application for a certificate can go ahead.

There will be no lower limit, but an upper limit of pounds 50,000 will be introduced. The alternative procedure of taxation through the courts is available for bills above that level.