Executor Legal Fees

Ziggazee

There's an awful lot of speculation here.


1. You don't know the draft Will you found is the correct one;


2. You assume the deceased left a Will as 'Probate' has been granted. How do you know Probate was granted......it may have been an application for Letters of Administration;


3. Six months to apply for Probate is not an extraordinary length of time.....it may have taken a long time drawing in full details of the deceased's assets. You don't know the extent of the assets and you certainly don't know the estate procedures.


4. The charities will already have been notified of their interest in the estate (if indeed the Will you found is the correct one). They will have been kept up to date.


It's all really nothing to do with you however, rather than intermeddling (causing trouble) and contacting the charities why not contact the Solicitor concerned and enquire as to the refund you paid out for the funeral account?

NicMark

Ziggazee, no speculation on my part at all.


1. Yes I do. The will-writing company confirmed it to me.
2. It was probate, as confirmed by the legal executive originally liaising.
3. Yes I do. It was me who had to go through my aunt's house collating all the paperwork, documentation, bank books, and dealt with the estate agent who valued the property. Like I said - the executor did nothing.


As for your final suggestion, the solicitor who was granted probate is not responding to letters or phone calls.

nom_de_plume

Ziggazee wrote: »

4. The charities will already have been notified of their interest in the estate (if indeed the Will you found is the correct one). They will have been kept up to date.

How does this happen?

In an estate I dealt with recently, one of the charities to benefit did contact me (Marie Curie - I assume they are big enough to search as a matter of course) but another only became aware once I made an interim distribution.

Based on that I would assume any charities to benefit in this case, unless they carry out their own searches, would only be aware if the solicitor advised them and I doubt there's any requirement to advise them prior to distribution?

NicMark

Update: I have now received a copy of the probate and will. The solicitor has been granted probate using his private address, not the address of the company he works for. He was not a personal friend of my aunt, she never even met him. Can he do this?

Ziggazee

Yes he can. If he's appointed as Executor on a personal capacity and not through his firm.




I suspect there is more to this than the OP is telling us...

NicMark

No there isn't. Ziggazee. Now who is speculating? Other than my aunt was conned.
You're not trying to tell me that if it was your relative you wouldn't do the same?
Or maybe you wouldn't.

konark

So who witnessed the will?

I'd agree it seems strange but no-one (other than the 4 charities) is benefitting from this situation.

NicMark

The will-writer himself witnessed it, along with an elderly neighbour. The neighbour no longer lives there and the will writing company is no longer in existence.

BobQ

Speculation is unhelpful.

There could be all sorts of reasons why an executor is moving slowly.

The best solution to expedite matters is as suggested tell all of the charities that they are beneficiaries and let them deal with it. They have an incentive.

Re the deposit, unless you have evidence that the executor approved you to pay for part of the funeral, you may not get that back.