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Cost of altering Will & changing executor

My wife & I have an existing Will with 2 executors, with Enduring Power of Attorney.

We wish to amend the Will, revoke one executor & substitute another.

A solicitor has intimated that to revoke an executor with EPA &
install another will necessitate a Lasting Power of Attorney.(LPA)

Quotation for will alteration is 250 +Vat (GBP)
Quotation for substitution of executor & LPA is 750 +Vat (GBP)

Is this considered to be a reasonable figure for the work ?

Simon Boliver
«1

Comments

  • cte1111
    cte1111 Posts: 7,390 Forumite
    Part of the Furniture Combo Breaker
    That sounds an awful lot to me. You actually need to make a new will, not change the old one. I'd be looking for quotes from other solicitors if I were you.

    Also not sure about the POA advice, wills / executors and POA are separate issues. I had POA for my Dad and my Gran, but was not the executor of either will (although for practical purposes I helped my Mum who was my Dad's executor).
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    edited 17 May 2013 at 6:10PM
    Hi I can't help you with the costings, but have a few comments that you may wish to consider:-)

    1 The will and the power of attorney are not inextricably linked.

    2 Re the will - you may find that if you return to the solicitor who drafted the original will, it may well be archived on the computer system (obviously depending on how long ago the wills were made). The change of executor is a simple amendment and depending on the other changes , this may not be a big job. If you go to a different solicitor, then in effect this has all the work of a new will, and to be honest you don't get much solicitor's time for £250 + vat, so I'd say that was fairly reasonable.

    Edit: Please be aware that if the solicitor is one of the executors - that is where they make their money, in dealing with the estate!

    3 As you have been advised, the EPA has now need replaced by the LPA which is considerably more involved and time consuming to set up. But it is entirely possible to deal with this yourself, without a solicitor. I suggest that you start by reading up about it, and downloading the forms here:

    https://www.gov.uk/power-of-attorney/make-a-lasting-power-of-attorney

    And then consider whether you really need a solicitor to deal with this for you.

    D
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Thank you both for the kind advice,much appreciated.

    The Will was made in 1996 & it is unlikely that it was on computer, so a new one will be required.

    The solicitor particularly emphasised that the form filling for the
    LPA had to be "word perfect" otherwise it would be rejected &
    would require meticulous presentation.

    I will now read up on this, as you suggest & consider if it is viable for us to undertake successfully & save 900 GBP.

    Simon Boliver
  • Mojisola
    Mojisola Posts: 35,574 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The Will was made in 1996 & it is unlikely that it was on computer, so a new one will be required.

    If the only change to the will is the name of one of the executors, type the wording into your computer, making the date and the name change (you don't have to revoke the old executor - just put in the names of who you want now), proof read several times, print it off and sign it, making sure you comply with the signature and witness rules.

    Which? do several good books on wills and probate.


    The solicitor particularly emphasised that the form filling for the
    LPA had to be "word perfect" otherwise it would be rejected &
    would require meticulous presentation.

    I will now read up on this, as you suggest & consider if it is viable for us to undertake successfully & save 900 GBP.

    The POA should be completely separate from the will since the POA (if needed) will be used during your lifetime and ceases as soon as you die.
  • Savvy_Sue
    Savvy_Sue Posts: 47,896 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Unless you want to change the people you're appointing as Attorneys, there is no absolutely compelling reason to change the EPA. Is there?

    And although you COULD just retype the will, there are risks if you don't get the signing bit 100% correct. Also, presumably since 1996 your situations have changed, so there may be other issues to consider. We need to re-do our wills, and have been sent a very helpful form on which to put down our initial thoughts - beneficiaries, executors etc - and to consider some of the 'what if' situations. This is from a local solicitor, and I think the time spent with them will be worthwhile.
    Signature removed for peace of mind
  • nonnatus
    nonnatus Posts: 1,458 Forumite
    Wow! That's an ENORMOUS amount of money!!!

    My Mum and I have just been to a local solicitor and both had wills drawn up from scratch, appointing executors etc. The cost for TWO brand new Wills was £470 inc VAT...

    For a Power of Attorney thingy, it's an extra £150, so we're still considering that, but not sure where your Solicitor got £750 from for ONE???

    Maybe shop around and ask for some quotes, you may be pleasantly surprised.
  • Thank you all for the additional helpful inputs, the varying advice
    is most constructive & of benefit.
    For a Power of Attorney thingy, it's an extra £150, so we're still considering that, but not sure where your Solicitor got £750 from for ONE???

    Wow! that certainly puts it into perspective.

    I have read through the gov.uk link as advised by zzzLazyDaisy
    which is quite straightforward & contains effective hints & a help line.So I am confident that we can DIY successfully.

    Regarding the existing Will which is held by the solicitor`s firm
    & does require updating & amending, I will investigate a little further.

    I will advise later on the outcome.
    Again my thanks.

    Simon Boliver
  • My husband and I have just made new wills and the cost was £240 including VAT. We have already made our own EPAs and the solicitor was quite satisfied with that and made no mention of changing to LPAs.

    I would ring around and ask about costs, it seems an enormous amount they have quoted.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    on the will

    A new solicitor will have to charge as if it was a new will as they will become liable and need to check/use their own wording

    The original solicitors should be able to make the changes cheaper.
  • dzug1
    dzug1 Posts: 13,535 Forumite
    10,000 Posts Combo Breaker
    We wish to amend the Will, revoke one executor & substitute another.

    A solicitor has intimated that to revoke an executor with EPA &
    install another will necessitate a Lasting Power of Attorney.(LPA)

    Are you saying that you wish to revoke both the executorship and the attorneyship of a particular individual?

    If so then yes you will need an LPA - the EPA cannot be changed or updated. It is still valid as written but it sounds doesn't meet your requirements. (Attorney is dead, unwilling or no longer considered reliable??)

    You can do an LPA for nothing with a pack (from the web or by post) from the OPG. It has to be registered (£120 I think but that may have gone up) before it can be used

    Does the solicitor's fee include registration?

    Don't be too put off by the 'word perfect' requirement - it isn't as bad as it sounds and I gather they aren't quite as pernickety now as when they were new a few years back. Keep it simple and there will be less for anyone to quibble about
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