Qs about wording on will and probate

securityguy

Mojisola wrote: »

If the company thinks that the clause means the executor has to employ them to do the work, then they would need to keep the will to do the work.

If a solicitor held on a will and refused to release it to the named executors, then as someone says upthread, the SRA would presumably sort them out.

The moral of this stuff is to never name a solicitor for anything in a will. If the executors want to employ one, they can.

It also reminds me to sort out keeping copies of my will away from solicitors' grasping hands.

Mojisola

securityguy wrote: »

The moral of this stuff is to never name a solicitor for anything in a will. If the executors want to employ one, they can.

Good advice.

If you trust people enough to name them as executors, trust them enough to chose which solicitor to employ (if they can't cope with the job themselves).

TomsMom

Just a quick update as the info may be useful for someone else.

I popped into my solicitor's office and asked about the wording

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.

They confirmed this was nothing at all to do with probate (which I thought but wanted to make sure).

I was told that it was my mother's "wish" for us to use her solicitor if it was deemed necessary for a solicitor to be involved at any stage but we can discount that wish if we want to, it's not legally binding, and we can employ any solicitor of our choosing if we feel the need to use one. I think my mother may have been persuaded by her solicitor to include that clause, she wouldn't have known to question it really. Bit naughty of solicitors to do that. My own solicitor never mentioned anything like that at all when our new wills were done, didn't charge us for doing them, they were a gift as they knew my hubby was terminally ill with only a few months to live, and even offered to help with any questions about probate if I needed it when they knew I was doing it myself. It makes a difference when you live in a small community, are on first name terms with most people, even in business, and most people seem to know each other.

My brother seems to have calmed down and spoke in a much more civil manner to me yesterday, I don't think he even realises how he reacted earlier in the week. I don't think he deals with stress very well. I mentioned probate and the fact that I'd managed to do my late hubby's OK but that if he feels he'd rather use a solicitor then to get quotes first, it looks as though it may be possible for us to do it ourselves, he didn't have any immediate objection.

He'll be sorting out a funeral director early next week, there were some delays with obtaining the death certificate and getting an appointment to register the death, and because he's taking into account my comment of allowing my family enough travelling time it could be after Easter now before the funeral takes place.

All in all a better outcome than I expected.

Tuesday_Tenor

TomsMom wrote: »

All in all a better outcome than I expected
.

Glad you got clarification, a good outcome and that communication with brother is improved.

Don't forget your brother might be particularly stunned and/or exhausted by the death and incapable of thinking clearly. I was the one with greater involvement with my parents care, while my sister kept her distance, physically and emotionally. She always said she'd pay for care (not necessary!) rather than get involved, and I never felt any resentment. She did her bit , though, came and cooked Christmas dinner several years in a row, which I much appreciated. Then because I'd dealt with the trauma of their last few days ( several years apart), with sudden deteriorations and hospital admissions and sorting death certificate (post mortem, and all medics who'd been on duty over Xmas and New year suddenly disappeared ...!) I was quite 'wrung out'. I was really grateful that she took the lead on the funeral arrangements as I just felt incapable of making any decisions, just at the point they needed to be made. I was involved with the process, but was so glad she took the lead. I know you're not physically able to be with you brother, but do allow him some time to be able to function properly.