Solicitors as executors - can we act instead with their agreement? 30 November 2012 at 12:21AM edited 30 November -1 at 1:00AM in Deaths, Funerals & Probate 3 replies 766 views

Limeykitty

My partner's father's Will names two partners at a local solicitors as executors. Following his death there is only a very small estate, balance below £5,000 and, as there are a number of outstanding debts (which the estate will not cover), one of the solicitors advised us to handle the winding up ourselves, as using his firm was unnecessary and would just cost money.

My partner and I have been contacting creditors to advise them of the situation and ask for them to consider writing off outstanding debts, but are being asked for confirmation of the executors. In such circumstances, can we just tell them that we are handling the estate, or do we have to advise of the names of the formally-appointed executors? If the creditors then contact the executors, are they legally bound to respond (and in which case presumably we will incurr charges?). And can we get round this - for example by getting the executors to formally renounce their role? If they did, how can we get my partner appointed as executor?

Thanks in anticipation of any suggestions.

RAS

Hi

We had a similiar situation; one solicitor retired and another now a hot shot commerical lawyer.

I am very surprised that the solicitors have not already provided your with the required signed forms.

If a I remember correctly we downloaded the form for "Renouncing executorship" from the Probate office web-site. The executors signed these and we then obtained Letters of Administration. You should not need this but you do need the forms to prove that they have renounced their executorship.

We did not pay the executors a penny by the way.

Mojisola

Limeykitty wrote: »

Following his death there is only a very small estate, balance below £5,000 and, as there are a number of outstanding debts (which the estate will not cover), one of the solicitors advised us to handle the winding up ourselves, as using his firm was unnecessary and would just cost money.

My partner and I have been contacting creditors to advise them of the situation and ask for them to consider writing off outstanding debts,

You don't have to ask them - if there isn't any money, they can't be paid. Don't let anyone twist your arm into taking on repayments yourself.

getmore4less

Limeykitty wrote: »

My partner's father's Will names two partners at a local solicitors as executors. Following his death there is only a very small estate, balance below £5,000 and, as there are a number of outstanding debts (which the estate will not cover), one of the solicitors advised us to handle the winding up ourselves, as using his firm was unnecessary and would just cost money.

My partner and I have been contacting creditors to advise them of the situation and ask for them to consider writing off outstanding debts, but are being asked for confirmation of the executors. In such circumstances, can we just tell them that we are handling the estate, or do we have to advise of the names of the formally-appointed executors? If the creditors then contact the executors, are they legally bound to respond (and in which case presumably we will incurr charges?). And can we get round this - for example by getting the executors to formally renounce their role? If they did, how can we get my partner appointed as executor?

Thanks in anticipation of any suggestions.

DON'T do it,

the solictors are trying to get out of doing the work. because there is no money

It won't cost you a penny if the estate is insovent.

Consider helping the solicitors but don't become the executors.

if you administer the estate it will be nothing but hastle and you leave yourself liable to any mistakes distributing any money to the creditors.

(optional thought)
Be carefull arranging the funeral you can become liable make sure the estate pays.