Will names solicitor as an executor

WobblyDog

My father died recently, and his will names 4 executors; my mother, my sister, myself, and the solicitors which hold the will.

I'm concerned that the solictors will charge us a substantial % of the estate to handle the process. There doesn't seem to be any paperwork which states what this percentage will be. Before we contact the solictors, are there any steps we could take to control the solicitor's charges?

Is there anyway we could ask the solicitors to "take a back seat" while the 3 other executors (who are also the beneficiaries) handle the process?

thenudeone

Unfortunately its an old trick solicitors use to safeguard some future income.

Administering an estate is not complicated for someone comfortable with managing finances and paperwork. There is even a Which? Guide to the process. But some people don't want their relatives to have something else to worry about at an already troubling time, which is understandable.

Since the solicitor is named in the will, he/she has the right to do the work and charge the relevant fee, AFAIK. You could ask if he/she would relinquish the role or part of it, but as it was your father's wishes that the solicitor dealt with it (and he must have known that the solicitor would charge for his services) I wouldn't hold out much hope.

blindman

thenudeone wrote: »

Administering an estate is not complicated for someone comfortable with managing finances and paperwork. There is even a Which? Guide to the process.

So surely the OP could do it herself without the solicitor?

Since the solicitor is named in the will, he/she has the right to do the work and charge the relevant fee, AFAIK.

As it doesn't take 4 people to excecute the will they do not have the right

You could ask if he/she would relinquish the role or part of it, but as it was your father's wishes that the solicitor dealt with it (and he must have known that the solicitor would charge for his services) I wouldn't hold out much hope.

if the solicitor wants to charge for his\her work then say you'll do it for free, so no thanks!

Just my opinion.

Rodders53

You'll need to ask the solicitor named as executor to renounce their role as executor - if they are willing to do so...

http://www.inbrief.co.uk/estate-law/executors.htm explains things quite succinctly.

You have to provide the names of all executors in the will and give reasons if they are not applying for Probate on the form(s) you submit. http://www.direct.gov.uk/en/Governmentcitizensandrights/Death/Preparation/DG_10029716

Depending on the wording of the will it may be that:

your mother is sole executor if alive at time of father's death,
you and your sister are executors if mother pre-deceased father
Solicitor is executor if all three others named pre-decease him.

(I and my wife's Uncle, deceased, were executor of F-i-L's will if his wife had pre-deceased him but she was the sole executor in the event of his recent death - I did help her, naturally).