Solicitor charging for renunciation

Keep_pedalling

pphillips wrote: »

No I haven't been bereaved in the last 10 years and maybe that's why I am challenging people who think it's okay to be ripped off because they have to deal with their emotions first but that doesn't mean that I'm insensitive or relegating people's emotions.

I am presuming that solicitors mostly just add themselves as the executor without checking with the executor first, although I release that this is hard to prove.

Your assumption would be wrong, the agreement would have been made with the testator when the will was drawn up, there would have been no need to get the agreement of the other executor, in fact many people only find out that they are executors after the testator has died, as I did with my father in law.

Yorkshireman99

I would say that it is very discourteous, and short, sighted, not to ask an executor if they were prepared to act before nominating them in a will.

Keep_pedalling

Yorkshireman99 wrote: »

I would say that it is very discourteous, and short, sighted, not to ask an executor if they were prepared to act before nominating them in a will.

True, but lots of people seem to do it, possibly because they feel uncomfortable talking about it to family. My FIL redrew his soon after his wife died and only really had the choice of his only daughter or me, and I was quite happy to do so.

Yorkshireman99

Keep_pedalling wrote: »

True, but lots of people seem to do it, possibly because they feel uncomfortable talking about it to family. My FIL redrew his soon after his wife died and only really had the choice of his only daughter or me, and I was quite happy to do so.

Noted but it can be a burden for all sorts of reasons, and as we know from the postings on here, family disputes can make it very difficult for an executor. IMHO it will take another generation, amd possibly two before the taboo disappears. Because of the growth in home ownership far more people are making wills and many have never had to act as an executor before.

Mojisola

Keep_pedalling wrote: »

True, but lots of people seem to do it, possibly because they feel uncomfortable talking about it to family.

If you don't ask people whether they are willing to act as executors, when the time comes they may refuse. Better to have the talk now!

Keep_pedalling

Mojisola wrote: »

If you don't ask people whether they are willing to act as executors, when the time comes they may refuse. Better to have the talk now!

Particularly if the executor is not a major beneficiary. Our executors are fully aware that they have been appointed.

pphillips

pphillips wrote: »

No I haven't been bereaved in the last 10 years and maybe that's why I am challenging people who think it's okay to be ripped off because they have to deal with their emotions first but that doesn't mean that I'm insensitive or relegating people's emotions.

I am presuming that solicitors mostly just add themselves as the executor without checking with the executor first, although I release that this is hard to prove.

I meant to write "I am presuming that solicitors mostly just add themselves as the executor without checking with the testator first, although I release that this is hard to prove."

Keep_pedalling

pphillips wrote: »

I meant to write "I am presuming that solicitors mostly just add themselves as the executor without checking with the testator first, although I release that this is hard to prove."

I cant imagine that that can happen very often, the testator would be extremely stupid not to read both the draft and final wills before signing it. More likely that the testator did not want to risk a single executor and at the time had only one family member he trusted. Unfortunately the firm he appointed was taken over by a very nasty outfit whose main business comes through ambulance chasing work so they have no morals whatsoever.

One thought occurs to me is that, if the will contains no successor clause then S&G are not executors, so the OP should check that out.

konark

Was the house a joint tenancy?, if so it passes outside the estate to the joint owner- same with bank accounts.

If in sole name it depends how much is in the estate but banks will often release pretty substantial amounts to a next of kin just on production of a death certificate. Do you really need probate?