Solicitor's fees for acting as executors

[Deleted User]

Hi everyone, My mum would like to arrange her will, and was considering using her solicitors to act as her executors. I know this may depend on various factors such as value of the estate, individual solicitor's fees and perhaps the area, but could someone please tell me what sort of fees or rates we may incur for the service.

Mojisola

Too much. If there are a couple of people who she trusts, she should name them as executors. If they feel the need to get help from a solicitor when the time comes, they can do that. If they can do the job themselves, the estate will benefit by £1000s.

penguingirl

It depends how complicated the estate is. My mum acted as executor for my Grandma's estate and found it wasn't too bad (after she knew a few friends who had done the same for their parents).

[Deleted User]

Mojisola wrote: »

Too much. If there are a couple of people who she trusts, she should name them as executors. If they feel the need to get help from a solicitor when the time comes, they can do that. If they can do the job themselves, the estate will benefit by £1000s.

Yes - that's my concern. My mum is somewhat reluctant (which I can fully understand) to appoint 1 of us as executors - the problem we have is that my sister does not trust my brother ( they're not actually on speaking terms) and although I am more tolerant than my sister, I'm not sure that I should trust him either. He has deceived me on many occasions so I know how devious he can be. Naturally, he is very reluctant to appoint a solicitor - I have recently found out that he has made some home made will which he drawn up and got my mum to sign, but my mum tells me that she did not sign in front of the witnesses and she doesn't even know who the second witness is. This is why I'd like to take precautions but am worried in case we may have a very large bill at the end of it.

Mojisola

[quote=[Deleted User];50236257]Yes - that's my concern. My mum is somewhat reluctant (which I can fully understand) to appoint 1 of us as executors - the problem we have is that my sister does not trust my brother ( they're not actually on speaking terms) and although I am more tolerant than my sister, I'm not sure that I should trust him either. He has deceived me on many occasions so I know how devious he can be. Naturally, he is very reluctant to appoint a solicitor - I have recently found out that he has made some home made will which he drawn up and got my mum to sign, but my mum tells me that she did not sign in front of the witnesses and she doesn't even know who the second witness is. This is why I'd like to take precautions but am worried in case we may have a very large bill at the end of it.[/QUOTE]

With problems like that, it would probably be worth paying a solicitor.

Make sure she makes an official will and leaves it with the solicitors for safe keeping.

Tell your Mum not to sign anything unless she is very sure she wants to!

Be very careful about your brother trying to get her to sign power of attorney forms.

[Deleted User]

penguingirl wrote: »

It depends how complicated the estate is. My mum acted as executor for my Grandma's estate and found it wasn't too bad (after she knew a few friends who had done the same for their parents).

I would not have thought that the estate would be complicated. She does not have much in savings, but she does own her house. However, I think she only owns half of it's vales, as when my dad died, the house was in his sole name. My brother dealt with the probate at that time, and I think half the value of the property was transferred to us with the other half to my mum. Not sure about this as my brother neither showed me any papers nor did he tell me any details. He intimidates my mum and she goes along with what he wants. This is why I want to take precautions.

Errata

Although the cost of using a solicitor would not be insignificant it would certainly be worthwhile in the case of relatives who try a fiddle, as the brother appears to have done. However - even if the mother makes a new will appointing a solicitor as executor there is nothing to prevent the brother pulling the same stunt again after that if the mother is of sound mind.

Mojisola

[quote=[Deleted User];50236551]I would not have thought that the estate would be complicated. She does not have much in savings, but she does own her house. However, I think she only owns half of it's vales, as when my dad died, the house was in his sole name. My brother dealt with the probate at that time, and I think half the value of the property was transferred to us with the other half to my mum. Not sure about this as my brother neither showed me any papers nor did he tell me any details. He intimidates my mum and she goes along with what he wants. This is why I want to take precautions.[/QUOTE]

This should set alarm bells ringing. Could it be possible that he's registered it in his name only?

Check the ownership of the property with the Land Registry - https://www.landregistry.gov.uk/

Insist that you see all the paperwork to do with your Dad's will. As a beneficiary you should have received a copy of the will and the accounts showing what was done.

You can get a copy of the will from https://www.justice.gov.uk/guidance/courts-and-tribunals/courts/probate/copies-of-grants-wills.htm

Richard_Webster

It is nearly always better to have friends or family as executors. If the family don't get on then solicitors might be appropriate, but there will be significant extra cost, particularly if they have to mediate between warring family members!

Whatever you do don't appoint a bank!

penguingirl

[quote=[Deleted User];50236551]I would not have thought that the estate would be complicated. She does not have much in savings, but she does own her house. However, I think she only owns half of it's vales, as when my dad died, the house was in his sole name. My brother dealt with the probate at that time, and I think half the value of the property was transferred to us with the other half to my mum. Not sure about this as my brother neither showed me any papers nor did he tell me any details. He intimidates my mum and she goes along with what he wants. This is why I want to take precautions.[/QUOTE]

It already sounds more complicated than my Grandma's was- in her case she just had a solely owned house and some savings all being left to my mum so it was probably about as straightforward as it gets.

I don't have any more advice, but wanted to say good luck sorting this out. I think you are being very sensible trying to sort these things out now while your mother is still with you.

sonastin

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.