Solicitors Fees

timborules

fluffymuffy wrote: »

No. Sadly not.
And they can charge what they like and take as long as they please.

Really? So even though the solicitor and my Mum are executors, the solicitor has to act and be involved, to some degree?

rpc

timborules wrote: »

Really? So even though the solicitor and my Mum are executors, the solicitor has to act and be involved, to some degree?

Unless the will stipulates otherwise, the executors will act together.

The solicitors will not rely on paperwork done by a layperson, so they will do their own. Mum is free to challenge the solicitors on decisions (they need to both agree) but that will run up the solicitor's bill...

TBagpuss

fluffymuffy wrote: »

No. Sadly not.
And they can charge what they like and take as long as they please.

.

No, not really.

The solicitor is the execeutor (jointly with your mum) but your mum is also their client to whom they have a duty of care.

The hourly rate you quote is very reasonable - in my experience hourly rates would normally be £185- £220 for partners and senior solicitors.

Also, in contract to most other types of organiziations, Solicitors have very strict regulation, and a regulatory system and ombudsman which are very much weighted in favour of the client, so if anything did go wrong or you were unhappy with the service you have a far better chance of being able to get things sorted out than if you go with a cheaper, unregulated alternative.

(the same is true of will writing, FWIW - most cheap options have no structure in place to ensure that the wills are not lost if the company goes bust, and are not required to have insurance in the sale way as lawyers are)

in terms of how long it takes, the solicitors should e able to give you mum an idea of likely timescales and to update this is it changes. Bear in mind that a lot of what has to be done will involve dealing with third parties and that the solicitor has no control over how quickly the respond.

the client care letter you've had should include an estimate of likely timescale and should also include details of the firm's complaints policy so you know who to speak to if there are any issues.

timborules

Thanks both - I've just looked at the Will again and exact phrasing is:

"I appoint my wife [name] to be the Executrix of this my Will but if she shall have pre-deceased me or shall have died within thirty days of the date of my death I appoint [solicitors name] of [solicitor firm] to be the executor and trustee of my Will".


By this it actually seems that my Mum is the Executor and can do this flying solo if she so wishes, right?

Thanks in advance!

rpc

That means the sols are not executors. They are there as a fall-back in case mum predeceases. It isn't even the firm that is named - it is an individual.

As mum isn't dead, the only bit that matters is "I appoint my wife [name] to be the Executrix of this my Will"

Mum can do it solo and use the sols where and when she wants.

troubleinparadise

timborules wrote: »

Thanks both - I've just looked at the Will again and exact phrasing is:

"I appoint my wife [name] to be the Executrix of this my Will but if she shall have pre-deceased me or shall have died within thirty days of the date of my death I appoint [solicitors name] of [solicitor firm] to be the executor and trustee of my Will".


By this it actually seems that my Mum is the Executor and can do this flying solo if she so wishes, right?

Thanks in advance!

Given that you've already seen the solicitors, and they haven't clarified that wording to you (as in your opening post), I'd avoid them like the plague.

Either they can't read a will properly or are happy to let you misunderstand that they are nominated joint executors with your mother and your father's estate paying for their services when that isn't the case....

I appreciate that you are in the very early stages of picking up the pieces after your father's death, and may not feel up to the challenge of dealing with the paperwork, but it is something you can do for yourself.

As I had to find all the paperwork and numbers to enter onto the various IHT400 forms, I decided to write the figures in myself rather than pay someone else. It did take organisation and effort, but was manageable.

joerugby

There would appear to be nothing to stop you using another solicitor if you wish

John_Pierpoint

Who has actually got the original of the will, the one with the real ink signatures ?
If it is not the "Executrix" what does she have?

As a DIY executor in this situation, I found the pretty incompetent solicitors who had drafted the will reluctant to release it.
After a bit of research I discovered that the best thing to get your hands on is the original, which you immediately put in your home safe and a certified copy - that is a photocopy stamped and signed and dated by the solicitor who made the photocopy, on each page.

The certified copy; and probably a-photocopy-of-the-certified-copy-of-the-original, will be acceptable to institutions, who need to give you details of assets they hold on behalf of the deceased. Only when mum is a fully fledged executor, with as grant of probate, will she be allowed to take possession of the assets.