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Solicitor's fees for acting as executors

2

Comments

  • sonastin wrote: »
    If you & your siblings don't get on, is there an independent 3rd party who could act? A friend or more distant relative of your mother who she trusts and who won't choose sides between the 3 of you?

    If not, a solicitor is worth considering. The "rule of thumb" fee I've heard mention before is 10% of the estate, but obviously it is dependent on so many variables that it is probably as long as a piece of string.

    Yes - that's what I thought and precisely what worries me. Not knowing from the outset what we could be liable for. Also, the other big worry I have is if we were to make this will, knowing the way my brother behaves, could he marches (yes I mean that) my mum off to another solicitor to make another will or arrange another one of his own, in which case my arranging a will with my mum would be pointless and a complete waste of time and money.

    Is there a way I can stop him from making another will or at least knowing that a new will had been arranged.
  • TonyMMM
    TonyMMM Posts: 3,436 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    For a simple estate a solicitor quoted a charge of the hours actually worked (estimated would be about £1k) PLUS 2% of the value of the estate.
  • Mojisola
    Mojisola Posts: 35,572 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 22 August at 3:08PM
    [quote=[Deleted User];50239663]Also, the other big worry I have is if we were to make this will, knowing the way my brother behaves, could he marches (yes I mean that) my mum off to another solicitor to make another will or arrange another one of his own, in which case my arranging a will with my mum would be pointless and a complete waste of time and money.

    Is there a way I can stop him from making another will or at least knowing that a new will had been arranged.[/QUOTE]

    Yes, he could do that if your mother lets him. Can she not say no to him? If not, would she contact you and tell you if she feels under pressure from him?

    Elder abuse is taken more seriously these days. Ask for some advice from AgeUK.
  • I was named executor on my grandfathers will but lived abroad, so I got a solicitor to do the work as I was remote plus I wanted it to be seen to be neutrally arranged as money had to be split among three folks plus a house needed to be given to one. The total estate value was 120K and involved a flat, 3 bank accounts and 3 life insurance policies. Total cost was 2400.
  • RAS
    RAS Posts: 36,284 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Please contact AgeUK.

    People have posted above about your father's will. You need to act on this now.

    You need to get a copy of the document at the Land Registry (costs £4 to download it) and a copy of your fathers probate records from the Probate Office.

    You also need to talk to mum about a lasting Power of Attornery, which does not include your brother.

    We have seen some horrendous stories on here of people abusing financial power. The daughter who was refused POA because she was unsuitable but managed to become second signatory on mum's account. She not only raided the account but also failed to pay the nursing home fees and raided the insurance policies after mum's death.

    The second wife who used and unregsitered and illegal POA to disinherit her husband's children and grandchildren. She opened a joint account (which she would inherit in full on his death) and soold everything and paid the proceeds into that account, or transferrer money into the joint account. The family were left almost nothing.
    If you've have not made a mistake, you've made nothing
  • RAS wrote: »
    Please contact AgeUK.

    People have posted above about your father's will. You need to act on this now.

    You need to get a copy of the document at the Land Registry (costs £4 to download it) and a copy of your fathers probate records from the Probate Office.

    You also need to talk to mum about a lasting Power of Attornery, which does not include your brother.

    We have seen some horrendous stories on here of people abusing financial power. The daughter who was refused POA because she was unsuitable but managed to become second signatory on mum's account. She not only raided the account but also failed to pay the nursing home fees and raided the insurance policies after mum's death.

    The second wife who used and unregsitered and illegal POA to disinherit her husband's children and grandchildren. She opened a joint account (which she would inherit in full on his death) and soold everything and paid the proceeds into that account, or transferrer money into the joint account. The family were left almost nothing.

    Thank you all for the advise. I will get a copy of the title deeds. I have thought about the POA and under the circumstances, I think I should arrange one for my mum. The trouble is, my mum can be swayed by my brother, and unfortunately, this is beyond my control as she is afraid of him. At the same time, my mum would not be comfortable within herself if she feels she is doing anything behind his back as she has strong moral values. Alas to say, my brother has not inherited any of these values, and he frequently creates a lot of family problems. However, my mum does not want him to 'disown' her so she is caught in the middle. This is the problem I have on my hands - how to stay one step ahead of him yet not to intimidate him and risk upsetting my mum.
  • RAS
    RAS Posts: 36,284 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Start by getting the deeds and a copy of the probate records - you need to know if he executed the will properly.

    Wuld mum take advice from people outside the family?
    If you've have not made a mistake, you've made nothing
  • Start by getting the deeds and a copy of the probate records - you need to know if he executed the will properly.

    How would you get these if mum is still alive?
    RICHARD WEBSTER

    As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.
  • w10949 wrote: »
    I was named executor on my grandfathers will but lived abroad, so I got a solicitor to do the work as I was remote plus I wanted it to be seen to be neutrally arranged as money had to be split among three folks plus a house needed to be given to one. The total estate value was 120K and involved a flat, 3 bank accounts and 3 life insurance policies. Total cost was 2400.

    Thank you for your first reply and welcome to the forum. My mum's estate is very similar in value but she does not have any insurance policies. So I would envisage a similar amount.
  • How would you get these if mum is still alive?

    Hello Richard, I think RAS meant get a copy of the probate records of my dad - a bit of confusion here :cool:
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