Change Executor of an estate

petes

My Father has named a local solicitor to be the executor of his will. I would like to take on this responsibility when my Father dies. Is it correct that my Father could write a letter to his solicitor informing them that he no longer wishes them to act as executors? Also if my Father dies without changing the executors I am in my rights to inform them that I wish to be the executor and do not require their services (I am one of the beneficiaries)?

ValHaller

The Executor is appointed AIUI in the will and only in the will. So it is a rewrite. You will not easily kick a solicitor off their perch as executor - and if you do manage it, then it is a fair indication that the estate will not cover a fat fee.

If your father does not trust you to do the job, then there is not a lot you can do. But generally, I think that a solicitor appointed as executor has carte blanche to bleed the estate dry in a way that they probably would not get away with if they were appointed to administer the estate by the executor.

SmlSave

I think that a solicitor appointed as executor has carte blanche to bleed the estate dry in a way that they probably would not get away with if they were appointed to administer the estate by the executor.

God forbid they get paid for doing their job.

petes

Thank you for your reply. My Father's estate is probably worth about £300k. I have read that solicitors can charge up to 5% of the value of the estate and sometimes more. That seems to me to be rather a lot of money !! I have just read that a Codacil may suffice to change the executor ?

madbadrob

The only way you would get the solicitor off being an executor after the death of your dad is if you could show that he is doing the job wrong. This is the same with any executor. Of course they could voluntarially renounce their duties but no solicitor is going to do that

ROb

ValHaller

SmlSave wrote: »

I think that a solicitor appointed as executor has carte blanche to bleed the estate dry in a way that they probably would not get away with if they were appointed to administer the estate by the executor.

God forbid they get paid for doing their job.

That is the point. If the work for an executor, then they should be paid for doing the job. If they are the executor, with the dead person gone, their client is dead and they are accountable to no one and can pay themselves to plunder the estate.

dzug1

ValHaller wrote: »

That is the point. If the work for an executor, then they should be paid for doing the job. If they are the executor, with the dead person gone, their client is dead and they are accountable to no one and can pay themselves to plunder the estate.

Whilst I've no great love of solicitors I suspect there are far more lay executors 'plundering' estates than crooked solicitors doing so.

dzug1

petes wrote: »

I have just read that a Codacil may suffice to change the executor ?

A codicil, if properly executed, would do the job.

troubleinparadise

The simplest course of action, assuming your father wishes you to be the executor rather than anyone else, is that he either has his will rewritten to reflect the change of executor, or adds a codicil.

Changing executors after the testator's death is a more complex matter, and more likely to cost more and ruffle more feathers.

Is your father willing to make this change?

John_Pierpoint

Just type it all out again and substitute your name (and that of ????) as executors, making sure the will has a clause reading "I revoke all previous......."

Then get dad to sign it in front of independent witnesses..

Job done.

[I am assuming you live in England/Wales and that the existing will is written in English that you understand].

CaptainAmerica

The executors work for the beneficiaries.

The beneficiaries are the ones who will pay the executors fees. (It will come out of their share of the residue)

If all the beneficiaries agreed, and to save on fees, then before anything happens a formal request for the executors to renounce their appointment would be appropriate.

The request needs to be done as soon as possible before the solicitors have intermeddled in the estate.