Executor Legal Fees

NicMark

My spinster aunt died 9 months ago. In a draft 18 year old will I found in her house, everything was left to my father, who died 9 months before her. He was also named as joint executor with a solicitor (not a company, an actual person).


I am not a beneficiary, the will says that should my father pre-decease her then all the money (a flat and savings) should be split between 4 charities.


The executor seemingly has done nothing. It took him 6 months to apply for probate, which he has now been granted. I have not received back the money I paid for the funeral deposit, the flat has not been sold nor is it on the market. My father had told me that his sister believed she didn't have a will at all.


She had no connection with the charities, seemingly chosen at random. The executor is listed as being a specialist medical negligence solicitor for 30 years so I have no idea why he was named as executor anyway, especially as he didn't write the will.


I was sole beneficiary and executor for my father's will.


Is there anything I can do, either by contesting the will, or just to stop this executor from delaying and delaying and delaying, and ultimately claiming extortionate fees from my aunt's estate, possibly even wiping out the value?

Keep_pedalling

You say this was a draft will, does the executor have the final signed copy of the will?

NicMark

Apparently the original will was held on file at the will writing company, and I imagine it was indeed passed to him as he has been granted probate.

Mojisola

NicMark wrote: »

I am not a beneficiary, the will says that should my father pre-decease her then all the money (a flat and savings) should be split between 4 charities.

I'd be surprised if he hasn't got the charities breathing down his neck by now.

Marktheshark

Send for a copy of the will.

TBagpuss

What do you want to achieve?

If the will is valid, then you are not a beneficiary, so let the beneficiaries raise any concerns. You could, if you wished, let the charities know that they are named in the will and they can pursue it if they feel the executor is not doing their job.

If you feel the will is not valid then you would need some fairly good evidence of that - the fact that your dad said that his sister didn't think she had a will would not be enough, particularly as your dad is no longer around to provide any further information or context.

DandelionPatrol

TBagpuss wrote: »

What do you want to achieve?

Return of the money for the funeral deposit? But it does seem a long way around to get to that.

NicMark

As stated in my original post, I want to find out if I can do anything to stop the executor from frittering away the entire estate in fees.

Savvy_Sue

Best way is to notify the charities who are due to benefit. I'm sure some of the larger ones have a standing search to find any references to wills in which they are mentioned going through probate, at which point they write to the executor and request (some would say 'demand') their money ASAP.

konark

Are you sure the will you have a copy of is the final one? i.e the one admitted to probate. You can get this will for a fee from the probate office.

I always despair when a person makes a will at a solicitor's, and leaves bequests to siblings who have every chance of pre-deceasing them. Solicitors really need to provide better guidance.

You say the executor has done nothing in 6 months , then say that they have applied for and been given probate. Welcome to the fast-paced world of modern soliciting!

Don't know why you're getting yourself in a lather about the executor racking up fees, as things stand you're getting nowt from the estate anyway.

I don't know though, after yesterday's ruling you might be in with a shout if she never had any connection to any of the charities!

Mojisola

NicMark wrote: »

As stated in my original post, I want to find out if I can do anything to stop the executor from frittering away the entire estate in fees.

Savvy_Sue wrote: »

Best way is to notify the charities who are due to benefit.

As Sue says - send a copy of the will to the four charities.