Probate - When a solicitors is 3rd Executor

Wilkov80

My mother has recently passed away and her estate now needs to go to probate. On reading the will there are 3 named executors, myself, my father and the solicitors firm where the will was made. My father has said he is happy to leave it to me to deal with the probate process and I am quite able to deal with it myself without any help from a solicitor but as I have now discovered the 3rd executor is the solicitors am I obliged to let them deal with it and how much will they charge?

Mojisola

You and your father can ask the solicitor to renounce but he/she doesn't have to.

Costs will vary so you'll have to ask how much they will charge if they are to be one of the executors.

Your father can become a reserve executor if he wishes - he will retain the power to step back in if necessary but can otherwise let you (and the solicitor) get on with probate.

If your father's will also appoints the firm as an executor, think about making a new will.

Tuesday_Tenor

When I was in this situation of 3 executors including a solicitor, with a small simple estate, the solicitor was quite happy to renounce ( for a small admin fee!).

There have been other instances on this board where, when the solicitor was one of 2 executors, they have refused to renounce.
This may be because if they had renounced and anything happened to the remaining executor, the solicitor might feel they would be letting down their original client, the testator. For this reason it might be better that your father does not renounce nor go for 'power reserved'.
Your main case, in negotiation with the solicitor is that, risk-wise, this estate doesn't really need three executors and there are already 2 of you prepared to act. Your second case is that, financially, the family executors will do all the work, so what would the solicitor need to do and charge for?

In practice, there is no problem about your father remaining an executor but you doing all the work, except him providing the second signature where required.

Hope your solicitor obliges by renouncing. If he/she won't, then make clear how much you will do, and how little you would expect them to do and charge for.

TBagpuss

As Mojisola says, step one is to request that the solicitors renounce their executorship. I'd suggest that you and your father do this jointly.

A good solicitor would normally agree to that request, unless there was a good reason not to (for instance, if your mother had given specific reasons for wanting the solicitor as an executor, and those reasons still apply)

If they are unwilling to stand down then you will need to ask them to set out what the costs would be, and to make clear to them that you and your father wish to do the bulk of the work and that they need only check/co-sign the documents.