Solicitor/ Executor fees

Dajumika

Hi, my mother died over one year ago. My mother appointed a solicitors firm as executors of her will. The estate is fairly uncomplicated but yet solicitors fees so far are in excess of £10,000. The solicitor calculated Mum's gross estate at just over £300,000 but this includes a house which she left to me as beneficiary which has a mortgage of £150,000 left to pay. The solicitor worked out his 1% based on the gross fee but it doesn't make sense to me to base calculations on a property which was not fully paid off. Is this standard practice? And do the fees paid so far seem excessive? (the solicitor also takes an hourly fee). Thank-you in advance.

Laz123

That amount is very excessive. My stepfather's had a similar estate and the probate/executors fee with the solicitor was £3,000, which some here thought was too high.

I would write to the solicitor's governing body to get further advice.

Anihilator

Fees arent always based on amount though, and instead time and complexity. Dealing with any mortgages, outstanding credit, disputes etc will increase cost.

That said its still very high cost.

Dajumika

Thanks for the responses. There is a mortgage that is waiting to be transferred into my name but the fees total so far still seems excessively high to me for the work done. I'm about to contact law society & Senior courts cost office.

Tozer

Dajumika wrote: »

Thanks for the responses. There is a mortgage that is waiting to be transferred into my name but the fees total so far still seems excessively high to me for the work done. I'm about to contact law society & Senior courts cost office.

Why the senior courts cost office?

What charges did the solicitor say would be incurred? Have you actually contacted the solicitor directly?

If you have a complaint, the Solicitors Regulation Authority will expect you to have made use of the solicitor's internal complaints procedure first.

Dajumika

Hi Tozer, the solicitor never gave me a written estimate. Obviously I should have pushed for this but I was overwhelmed at the time. I asked him verbally before he started work and he said that the estate was uncomplicated so it wouldn't be an excessive number of hours work. I have written to the solicitor so i'm awaiting a response.

RobertoMoir

I'm wondering what work, exactly, is being done for this fee? You mention a mortgage; wrapping up an estate and acting as a solicitor in a house sale are not the same thing are they?

Tozer

Dajumika wrote: »

Hi Tozer, the solicitor never gave me a written estimate. Obviously I should have pushed for this but I was overwhelmed at the time. I asked him verbally before he started work and he said that the estate was uncomplicated so it wouldn't be an excessive number of hours work. I have written to the solicitor so i'm awaiting a response.

The solicitor has a professional duty to give you best information as to costs and to be upfront with the fees. He should have provided you with (what used to be called) a "Rule 15" letter detailing complaints procedure, costs, who would be doing the work, etc.

The Courts cost office is in respect of inter-party costs in litigation so is not relevant.