Executor appointing firm of solicitors

anamenottaken

Will has been drafted by paralegal (working under qualified solicitor).
First named executor is personal friend.
If unwilling or unable to act, second is the firm of solicitors.

Could the first executor simply appoint another person or solicitor to do the work for them rather than allow the drafting firm of solicitors to act?

Paralegal said first should not be trusted to appoint wisely but my view is that if they were considered good enough to be the first named they should be good enough to appoint someone else wisely.

TBagpuss

yes, if friend is the executor they can get advice. the unable or unwilling bit would be if they didn't want to apply for probate or to act at all

Yorkshireman99

anamenottaken wrote: »

Will has been drafted by paralegal (working under qualified solicitor).
First named executor is personal friend.
If unwilling or unable to act, second is the firm of solicitors.

Could the first executor simply appoint another person or solicitor to do the work for them rather than allow the drafting firm of solicitors to act?

Paralegal said first should not be trusted to appoint wisely but my view is that if they were considered good enough to be the first named they should be good enough to appoint someone else wisely.

You are correct. Don't appoint a solicitor as executor as it can cost lots. In particular make sure your executor is aware that he can always seeks advice. If appointing a solicitor is essential make sure the fee is based on work done not as a percentage of the estate value.

getmore4less

The appointed friend executor could
Act and employ solicitors
Could have anyone act under POA for them.

The answer to the question is yes.

If they don't do those(might ne other options that they stay in the loop) the second in line the solicitors take over.

anamenottaken

Thank you all.

I thought the paralegal was just seeing pound signs for her practice.

She also didn't understand about leaving a large portion of an estate to someone provided they survive you by X amount of time. She said they just say "survive". She did, however, include the requested time in the draft Will though apparently not herself understanding the tax implication reasons.

I will be re-writing with more thought and also because the main beneficiary has died since the draft was prepared.

Thanks again.

schiff

Yorkshireman99 wrote: »

Don't appoint a solicitor as executor as it can cost lots. In particular make sure your executor is aware that he can always seeks advice. If appointing a solicitor is essential make sure the fee is based on work done not as a percentage of the estate value.

This aspect interests me. I have recently updated my will. I'm well into dotage myself but my two executors are less than ten years younger than me. Statistically unlikely - their health is currently OK - but I could be the survivor! On that basis I included my nephew who is one of the principals of the solicitors as the third executor. One of the executors told me this was a mistake - because of costs. My affairs are not complicated but they are multi-stranded (a keen devotee of MSE for the last ten years!) and I thought it would be useful to have professionals to sort out the actions needed - I didn't really think about cost.

The executors are listed as 1.1, 1.2 and 1.3, the word joint does not appear. What exactly will that mean? If both family executors survive me and one or both is/are happy to deal with the executorship, or if one predeceases me and other one is willing, does that mean the solicitors won't have to be involved? In other words the solicitors only step in if all else fails? But does the numerology - 1.1, 1.2, 1.3 - mean that in effect they are joint and have some authority?

I may subsequently ask about costs or an indication of them. I have dealt with two executorships myself, on my own, and I know the amount of work involved. As has each of my family executors.

TIA

TW1234

It may be better to open a new thread about your specifics.
An executor can charge only expenses unless appointed in a professional capacity, when they may charge their professional fees. It is a bit "naughty" if you have appointed a relative with professional qualifications and not clarified the situation and obtained their agreement.
As to the numbering, it will depend on the wording what is meant.