Charging Clause in Will

BumbleyBee

What should happen if a solicitor's firm have overseen the making of a will and the 2 senior partners have been appointed as professional executors of that will, but the will has no charging clause contained in it?

Thanks in advance.

Yorkshireman99

BumbleyBee wrote: »

What should happen if a solicitor's firm have overseen the making of a will and the 2 senior partners have been appointed as professional executors of that will, but the will has no charging clause contained in it?

Thanks in advance.

With no charging clause they cannot charge. Professional negligence IMHO.

BumbleyBee

Thanks for the response!

Professional negligence to omit it when they put the will together, or professional negligence to charge in the absence of a charging clause?

For what possible reasons would a charging clause be omitted?

For info...The will was the last will of a partner of the solicitors firm during his terminal illness, and his colleagues were the executors.

Yorkshireman99

BumbleyBee wrote: »

Thanks for the response!

Professional negligence to omit it when they put the will together, or professional negligence to charge in the absence of a charging clause?

For what possible reasons would a charging clause be omitted?

For info...The will was the last will of a partner of the solicitors firm during his terminal illness, and his colleagues were the executors.

To omit the clause. If there is no clause they cannot charge!

BumbleyBee

They have charged over £3,000 for professional executor fees and taken it out of the estate funds.

Yorkshireman99

BumbleyBee wrote: »

They have charged over £3,000 for professional executor fees and taken it out of the estate funds.

Have you pointed out the error to them?

BumbleyBee

About to, but just checking that there is nothing Im not aware of / seeking any additional info before I approach them

Thanks v much for your time!

Crabapple

s29 Trustee Act 2000 permits executors to charge. So do the STEP provisions that may be incorporated.
Charging clauses as such are not normally required any longer although they are often included anyway.

Yorkshireman99

Crabapple wrote: »

s29 Trustee Act 2000 permits executors to charge. So do the STEP provisions that may be incorporated.
Charging clauses as such are not normally required any longer although they are often included anyway.

Noted and thanks.

Robin9

Crabapple wrote: »

s29 Trustee Act 2000 permits executors to charge. So do the STEP provisions that may be incorporated.
Charging clauses as such are not normally required any longer although they are often included anyway.

Is this just "professional" executors who can charge or can I make a charge ?

Yorkshireman99

LAy executors are not allowed to charge but genuine expenses are reclaimable.