Asking solicitor to stand down as executor

missile

Would OP like to give us an update?

digger61

I had this problem. My 3 siblings and I on reading our mother's will discovered that the solicitor had named his practice as Trustee and Executor of my mother's estate and a brother-in-law (dying of cancer in France at the time) as the one other executor. The estate was worth £500k and the solicitor was going to charge 3% of this in fees plus VAT. £17,000 ! I researched on line and discovered that this solicitor was a member of STEP an organisation representing ethical solicitors which I threatened to report them to as in their guidelines it states that a solicitor could not write himself into a will as executor as this is clearly a conflict of interest. The solicitor bowed out and handed the executorship over to my sister and I. This is a common problem with wills written 20 or so years ago. And is worth challenging.

Yorkshireman99

digger61 wrote: »

I had this problem. My 3 siblings and I on reading our mother's will discovered that the solicitor had named his practice as Trustee and Executor of my mother's estate and a brother-in-law (dying of cancer in France at the time) as the one other executor. The estate was worth £500k and the solicitor was going to charge 3% of this in fees plus VAT. £17,000 ! I researched on line and discovered that this solicitor was a member of STEP an organisation representing ethical solicitors which I threatened to report them to as in their guidelines it states that a solicitor could not write himself into a will as executor as this is clearly a conflict of interest. The solicitor bowed out and handed the executorship over to my sister and I. This is a common problem with wills written 20 or so years ago. And is worth challenging.

STEP is primarily an organisation of solicitors who are specialists in trust law. ALL solicitors are expected to behave ethically. AIUI the standard advice is that solicitors should stand down in favour of family members if asked assuming they are up to the task.