Solicitors appointed themselves as executors

Ginkfish

Hi there,

This is keeping me awake at night so I'm hoping someone can help! I found out last year that I've been appointed as an executor on my mum's will. Family wise there's basically me and two half siblings (from her previous marriage) - we all get on and all is good... and hopefully will be for a long time to come! The will basically splits everything 3 ways.

Anyway, my mum gave me a copy of the will and it appears her solicitors have appointed themselves as executors too - so there's me and two named individuals from the law firm. My mum knows very little about this other than the solicitor said 'it's a good idea'. Costs haven't been explained in any way shape or form nor have the implications of there being two of them and only one of me. Oh, and they also happen to be part of an estate agents.

Hopefully this isn't something I'll have to worry about for a long time but my mum's getting on and the whole thing just doesn't sit right with me.

Am I right to worry? :undecided

Joe

dzug1

It would be normal for a law firm to name two of their own as executors - with probably a clause allowing them to substitute other members should the named ones no longer be around. So that's nothing to worry about in itself


What there is to worry about is that they will almost certainly insist on doing all the work of winding up the estate themselves (taking much longer than you would if you were at all competent) and charging fees that will seem enormous. Apart from signing the odd document you won't get a look in. But there shouldn't be any decisions they would make differently if the will is well written - it tells you who gets what, you don't decide


If you can persuade your Mum to change the will it's a good idea do so if you will be happy doing all the work

CaptainAmerica

If your mum still wants the solicitors in the will then instead of them acting as co-executors with yourself, she can change the appointment and have them named as contingent executors.

So she can still have piece of mind that they are there if needed but they cannot act until instructed to do so by yourself if required.

It's like a safety net should when the time come your circumstances are as such that you are unable or unwilling to act.

Errata

My mum knows very little about this other than the solicitor said 'it's a good idea'

And clearly your mum agreed. She can make a new will if she chooses to appointing different executors.

Ginkfish

Thanks for all the responses - that's really appreciated! I just get very wary when someone says something is a good idea with no reasonable explanation of why or the associated costs.

I don't relish the thought of sorting all this stuff out but there is a HUGE amount of 'stuff' in my mum's house - probably 90% junk but the remaining 10% is of great sentimental importance (photos, cine films, books etc.). The thought of someone charging in there completely out of my control and giving the whole lot to a house clearance firm is horrifying. I reckon it'll take about 3 months to sort through everything properly.

Anyway, hopefully it's not something I'll have to worry about for many years - I'll have a chat with my mum and leave it up to her. Thanks again!

Joe

RAS

I would be inclined to ask mum exactly how much the solicitors are going to charge for their services.

And your fears are justified; the first thing they will do is change the locks; you may or may not get a key.

Ginkfish

I just spoke to her and the solicitors haven't explained any costs. No huge surprise. Presumably they'll take a % cut... twice, since they'll almost certainly end up being the estate agents too. Marvelous. She's going to speak to them.

Thanks again - really appreciated!

Crabapple

Definitely get her to change it! If family are Executors they have the option of doing it themselves or instructing Solicitors. If you did want to use a law firm you make that decision, you can shop for quotes, and you can get them to do as much or as little of the work as you want.

It will almost always be more expensive for the Solicitors to be appointed as Executors directly rather than instructed by the Executors to do work for them.

HHarry

I agree with Crabapple - have family acting as Executors, they can always pay for legal help if needed. If the solicitors are named as Executors they may expect to do the work and be paid accordingly (although not always - there is a thread somewhere where the Solicitors were happy to let the family do everything)

My Aunt passed away the year before last, naming her solicitors as Executors, who charged £250/hr. Admittedly there were some complications, but the bill came to £20k out of a £100k estate.

john-306

I found this very situation last month when my Father passed away, there was myself and 1 named solicitor, luckily he was very obliging and did a "renunciation of Probate" so I did the Probate myself due to a straightforward will.
The Probate Office got the forms on the 20th Dec, I had them back on 4th Jan, done the swearing on oath on 6th Jan, forms back with Probate Office on 7th Jan, got grant of Probate back on 15th Jan, cost me a total of around £120.

dancingfairy

It's going to depend on how simple things are to administer. If she only has a very simple set up then you should be able to do it yourself. As others have said, there is plenty of help out there - the internet, books etc and if you get stuck you can pay for advice if/when you need it.
It can take a while but it's mainly involves writing to everyone to let them know she's died, sending copies of death certificates out and waiting to hear back regarding final balances. You then then add up everything up and pay everybody off and then distribute the estate. It's mainly waiting for things to filter through the system and the banks etc to get organised rather than it being complicated.
Obviously she may be a millionnaire and have multiple bank accounts and off shore accounts, trusts, shares, multiple properties etc in which case it would be complicated, but again I would have thought you could still do a lot of the donkey work yourself to save on costs
df