Solicitor as Joint Executor a good or bad idea?

vonsworld

Hello

I recently employed a solicitor to draw up my Will and asked them to make a family friend my sole executor, and in the event of his death before my own, to make their company the executor instead.

I have now received a copy of the draft Will in which they have made themselves a Joint Executor with my friend.

Is this a good idea or are they simply trying to ensure they get extra work when I die?

My understanding is that as a Joint executor they can insist they take part in probate and resolving other matters, resulting in costs to my estate, rather than just letting my friend deal with matters himself.

Would it not be better if he was sole executor, since he can then involve a solicitor if he so wishes, but is not obliged to do so. My estate should also be fairly simple for him to administer.

Your advice and experiences would be appreciated :-)

Mojisola

vonsworld wrote: »

I recently employed a solicitor to draw up my Will and asked them to make a family friend my sole executor, and in the event of his death before my own, to make their company the executor instead.

I have now received a copy of the draft Will in which they have made themselves a Joint Executor with my friend.

It isn't a good idea to have just one executor - you are relying on him/her to be alive and capable of dealing with your estate when you die.

The solicitor should have raised this issue with you to see if you could add another executor yourself.

It's a bit cheeky to name themselves without discussing that with you.

If you don't have anyone else willing to take on the job, you could name them as a reserve executor if your friend is not able to act.

Sevennotemode

He has ignored your instructions and instead done what he wanted (presumably to get
a fat fee for doing the probate when you are gone)

It is all a question of trust and if you can't trust him when you are alive think
what he will get up to when you are gone.

I would challenge him straight away before you pay his fee.

You are the client and you instruct him,not vice versa.

exiled_red

I have no experience but from speaking to the solicitor who wrote my will joint executors complicate things as they need to agree on everything. Personally I named a first choice executor and a second choice with the solicitor named as the third option if the other two can't/don't want to do it. Your chosen executor can seek legal advice if necessary but I personally would avoid naming joint executors