Complex Estate / Need Some Advice / Tips

Keep_pedalling

Tom99 wrote: »

[FONT=Verdana, sans-serif]I am not saying the professional executor should not charge, but just asking under what authority they are allowed to charge whilst another executor is not.

[/FONT] [FONT=Verdana, sans-serif]It's often referred to, but under what legislation is a lay executor not allowed to charge for their time? [/FONT]

I refer the gentleman to my previous reply.

getmore4less

Tom99 wrote: »

[FONT=Verdana, sans-serif]I am not saying the professional executor should not charge, but just asking under what authority they are allowed to charge whilst another executor is not.

[/FONT] [FONT=Verdana, sans-serif]It's often referred to, but under what legislation is a lay executor not allowed to charge for their time? [/FONT]

Have you read any of the legislation the deals with administration of estates?

Tom99

getmore4less wrote: »

Have you read any of the legislation the deals with administration of estates?

Do you have a link to the part about executors charging?

Yorkshireman99

Tom99 wrote: »

Do you have a link to the part about executors charging?

You need to understand that only a qualified solicitor with a current practicing certificate can charge for legal services such as administrating an estate. For anyone else to do so is an offence.

chesky

Apart from the role of the executor, you seem to have a concern regarding the ex partner. You might consider raising this issue with the solicitor at your meeting and get their reaction on the possibility of a claim. Unless the ex was financially dependent on your fianc!’s father, it is highly unlikely such a claim would be successful, but it might be useful to hear the solicitor’s reaction.

Tom99

[FONT=Verdana, sans-serif]Having looked further into my question about what authority a solicitor executor needs in order to charge for their services, I think it is covered by the Trustee Act 2000.

[/FONT] [FONT=Verdana, sans-serif]A solicitor executor would only be able to charge if there is a charging clause in the will or if there is more than one executor and all the other executors agree to the solicitor charging a fee.

[/FONT] [FONT=Verdana, sans-serif]https://www.legislation.gov.uk/ukpga/2000/29/contents[/FONT]

Yorkshireman99

This act covers far more than executors.In any case no solicitor is going to act as executor unless their fees are paid. Also note post #25.

Tom99

Yorkshireman99 wrote: »

This act covers far more than executors.In any case no solicitor is going to act as executor unless their fees are paid. Also note post #25.

[FONT=Verdana, sans-serif]Yes I agree and therefore if they are named as unwanted executors in a will which does not have a charge clause it should be far easier to get them to stand aside.[/FONT]

Keep_pedalling

Tom99 wrote: »

[FONT=Verdana, sans-serif]Yes I agree and therefore if they are named as unwanted executors in a will which does not have a charge clause it should be far easier to get them to stand aside.[/FONT]

How can they be named as unwanted executors? If I name an executor it is because I want them to do the job, The solicitor has been appointed by the testator and is acting for his estate not the beneficiaries who have no contract with the solicitor.

They can certainly ask for them to step aside but they have no obligation to do so. If at the end it is thought the charges excessive then the beneficiaries can make an official complaint, but there is not much else they can do at the moment.

Tom99

Keep_pedalling wrote: »

How can they be named as unwanted executors? If I name an executor it is because I want them to do the job, The solicitor has been appointed by the testator and is acting for his estate not the beneficiaries who have no contract with the solicitor.

They can certainly ask for them to step aside but they have no obligation to do so. If at the end it is thought the charges excessive then the beneficiaries can make an official complaint, but there is not much else they can do at the moment.

[FONT=Verdana, sans-serif]They are usually unwanted by the other executors or beneficiaries as in the OP's case. You can name your solicitor as your executor but, unless you include a charge clause in your will, the solicitor will not be able to charge a fee to administer your estate.[/FONT]