Qs about wording on will and probate

TomsMom

I wonder if someone could let me know their interpretation of this wording on my recently passed mother's will:

I wish XXX...Solicitor...XXX to be employed by my Executors as their Solicitors in connection with the execution of the provisions of this Will and any codicil to it.

Do you think that this means that the solicitors are to deal with probate?

And can anyone give me a rough estimate of how much it is likely to cost for a solicitor to do this?

Myself and my brother are the two executors of her will. It's a very simple one, it says that after all debts, taxes, funeral testamentary and executorship expenses are paid then the residue is divided equally between myself and my brother.

I did the probate when my husband died, I was the sole executor, and I just took my time and sorted it out, it wasn't too difficult as I was the only beneficiary. However, I'm thinking that in the circumstances it might be wise, and for the best, if a solicitor deals with probate concerning my mother's will anyway.

RAS

You need to check with someone (not the solicitors listed in the will) whether a wish means they can force you to use them or not.

The only people who can tell you what fees they will charge are the firm concerned. I have known £4K being charged to settle execute an estate worth £8K.

Who holds the will?

rpc

I read that as saying that, should the executors instruct a solicitor, then it should be XXX. It does not prescribe any amount of work to be given to them nor do I think it could.

How enforceable such a wish is, I don't know. I would have thought it isn't.

Flugelhorn

We were heavily encouraged to name the solicitor in our will - we decided that we would leave the choice of solicitor, if any, to our executors.

TomsMom

RAS wrote: »

You need to check with someone (not the solicitors listed in the will) whether a wish means they can force you to use them or not.

The only people who can tell you what fees they will charge are the firm concerned. I have known £4K being charged to settle execute an estate worth £8K.

Who holds the will?

Thanks for your reply.

I have a copy of the will. I imagine my brother also has a copy as I think my mother would have instructed her solicitor to send us both a copy. I doubt he's looked at his though because he didn't appear to know her wishes with regard to the funeral and they are actually detailed in the will. I'm not sure but I think the original will is probably lodged with the solicitor. I know that both my late husband's and my own wills were lodged with our solicitor and we had a copy of each at home. When my husband died I just asked the solicitor for the original when I did probate. It's still early days so we'll probably be discussing this soon, I just wanted to try and make sure anything I say is correct as far as I can ascertain.

rpc wrote: »

I read that as saying that, should the executors instruct a solicitor, then it should be XXX. It does not prescribe any amount of work to be given to them nor do I think it could.

How enforceable such a wish is, I don't know. I would have thought it isn't.

Thanks. That was how I was looking at it but just wondered if it might be a bit ambiguous. If we do probate ourselves then there shouldn't be any need for a solicitor (I never used ours when I did probate when my late husband died) but for an intelligent man my brother seems to find some things not as straightforward as they are!

I can just foresee some issues becoming sticking points unfortunately. We don't live anywhere near each other and as he's been the one involved in her recent care as he lives close to where she did then he seems to think he's the one who has to do everything and then tell me about it rather than involve me.

Crabapple

This is an expression of wish, it is absolutely not binding on you.

You are Executors and can do what you want.

If you are thinking about instructing solicitors then ring some local firms (ask friends for any recommendations) and ask for a quote. Otherwise you can do it yourselves - there is lots of guidance available online including on this forum.

TomsMom

Crabapple wrote: »

This is an expression of wish, it is absolutely not binding on you.

You are Executors and can do what you want.

If you are thinking about instructing solicitors then ring some local firms (ask friends for any recommendations) and ask for a quote. Otherwise you can do it yourselves - there is lots of guidance available online including on this forum.

Thank you, that's what I was hoping.

Unfortunately I am not local to where she did and my brother still does live. He already was handling things like paying her bills and had an arrangement with the bank where he would get money out for her etc. Because they are on his doorstep he will be dealing with the bank and those sort of things, I am just too far away.

Like I said in my previous post, I've already done a DIY probate when my husband died and if I was on the spot I would be able to have some input and we could probably do it jointly, but as he has been the "carer" recently he seems to think that he should take charge and tell me later. It's probably not going to be easy but time will tell.

BobQ

Crabapple wrote: »

This is an expression of wish, it is absolutely not binding on you.

You are Executors and can do what you want.

If you are thinking about instructing solicitors then ring some local firms (ask friends for any recommendations) and ask for a quote. Otherwise you can do it yourselves - there is lots of guidance available online including on this forum.

I agree its not binding but you will have to go to that solicitors for the original of the Will. Its difficult to say but the deceased may have had other reasons such as leaving some documents you will need with that solicitor.

Of course that does not mean you have to employ the solicitors to do what you are capable of doing.

Mojisola

I wish XXX...Solicitor...XXX to be employed by my Executors as their Solicitors in connection with the execution of the provisions of this Will and any codicil to it.

I would ask the solicitors concerned how they interpret this clause as they presumably wrote the will. If they say they believe that the executors would have to employ them you'll know where you stand.

Savvy_Sue

Mojisola wrote: »

I wish XXX...Solicitor...XXX to be employed by my Executors as their Solicitors in connection with the execution of the provisions of this Will and any codicil to it.

I would ask the solicitors concerned how they interpret this clause as they presumably wrote the will. If they say they believe that the executors would have to employ them you'll know where you stand.

They would say that, wouldn't they? But just because they wrote it doesn't mean they got it right ...

TomsMom, I'm sorry for your loss. Has the funeral taken place yet? Can you go and stay near your brother for a week or so and try to reach some understanding?

I did probate for my dad with one of my siblings a few years ago. Neither of us lived in the same place as our parents, or each other. It was not a problem:we divvied up the work, and I went into branches of Dad's banks near where I live with a death certificate and a letter stating who the executors were, they took a copy and sorted out the accounts.

You have to get some of the information 'on the spot' from Mum's house, but the rest of it can be done remotely.

securityguy

Mojisola wrote: »

I would ask the solicitors concerned how they interpret this clause .

Yeah, because they're obviously an entirely disinterested party.

The only people who can challenge your disposition and treatment of a will are other executors and other beneficiaries. Unless you or your brother are planning to sue each other over whether or not the solicitors are to be involved, no-one else has any standing in the matter. Get advice from another solicitor if you're very nervous, but otherwise ignore it. The solicitor who are named in the will have no standing to do anything about it.