Solicitor refuses to step down as co-executor

securityguy

Indeed, This is the problem with appointing solicitors as executors. The beneficiaries and the other executors do not have the standing to challenge the fees of the solicitor; I'm not sure they even have standing to demand a quote. The client is the estate, not the other executors, and certainly not the beneficiaries. If the costs are manifestly unreasonable, they can be challenged, but otherwise, the solicitors can name their own price. Moral: don't appoint solicitors as executors unless you have absolutely no other options,.

rheme

If you do the newpaper notifications yourself don't only do it in the London Gazette but in a local paper also. Solicitors should be able to do these notifications at a much cheaper price than you can. These notifications protect the Executors in that if anyone comes forward after the notifications then they chase all the beneficiaries and not just the Executors.

Make sure that bankrupcy checks are carried out on all beneficiaries of the estate to limit liability to the Executors as if a payment was made to a bankrupt person then the Executors will be liable.

£5,000.00 for a simple estate does seem rather heavy. Feel it should be in the region of £2,500.00 - £3,000.00 (including probate).

Janeford12345

Thank you all. Just wanted to let you know that after much discussion the solicitors have stepped down. They are doing probate then will leave my mother to do the rest. They will charge around £2000 for this. It's a small win but wanted to thank
You for all your help. We've saved Some money at least.

Sevennotemode

They will charge around £2000 for this.

What a cheek - it is only a couple of forms and if ,as you say, the estate wasn't complicated, would probably take an hour or so to complete.

Ziggazee

I'm glad you've resolved the issue to your satisfaction, but did it not occur to you to respect your grandmother's wishes? You don't know her reasons for appointing the Solicitors as joint Executors.....it isn't always the case that they persuaded her to do it. Maybe she thought your mother would have difficulties dealing with it on her own.....or maybe she guessed you'd get unnecessary involved.


"What a cheek - it is only a couple of forms and if ,as you say, the estate wasn't complicated, would probably take an hour or so to complete." NOT TRUE. It takes a lot longer than the general public think to draw up the Probate documentation.

Sevennotemode

you are obviously a solicitor

Yorkshireman99

You are missing the point. Filling in the forms is the easy bit. Collating and checking al the information to be able to fill in the forms can take a lot of time. Likewise there are all the otrher things like publishing the statutory notices and so on.. Once probate is granted all the assewts need to be collected and then eventualling distibuted.

Tuesday_Tenor

Yorkshireman99 wrote: »

Collating and checking al the information to be able to fill in the forms can take a lot of time..

But not in this case as Mum had been power of attorney for Gran for years, so had all this info to hand.

As I understand it, solicitors have 'stepped back' and accepted that Mum as co-exec is doing (and has done, in providing all the info) much of the work, but haven't actually 'stepped down' (renounced or reserved powers) as co-executors.

Realistically this is probably the best compromise OP was going to get in these circumstances, so well done on standing firm in the negotiations.

I agree £2k still sounds a lot for the simple well-organised estate described, but it's much better than the outrageous £5k they originally wanted!

Ziggazee

Sevennotemode wrote: »

you are obviously a solicitor

No. I'm not. Just clearly more intelligent than you...