We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

Renunciation of Probate

vivvov
vivvov Posts: 119 Forumite
Part of the Furniture 10 Posts Combo Breaker
edited 18 February 2018 at 12:19AM in Deaths, funerals & probate
Hello All

I would like to clarify a point re Solicitors as named Executors and Renunciation of Probate so that the other named executor might undertake the process without exorbitant fees.

My mother's cousin was hospitalised in January '17 and on admission, finally made a will that he had been thinking about doing for several years. This was potentially at his death, but he subsequently rallied round and entered a care home and only just passed away yesterday.
He named my mother and the solicitor firm who drafted the Will as his executors.
Subsequently, after he entered the care home, mother was appointed POA and my mother and I undertook a detailed analysis of finances of 'uncle'.
Uncle was a private man. Divorced in the early 80's and just worked. He owned his house outright and went on holidays regularly but was quite self-contained and frugal.
After obtaining Uncle's consent, mum and I realised the full extent of Uncle's finances. 2 family trusts,1 gift trust, ISA, a savings account and a current account...plus the house.
Mum was aware of the trusts due to being a trustee but was still quite taken aback by the total of inheritance that she, as sole beneficiary of the Will, was to inherit. She also became aware that the solicitor operates a % fees system and would like advice on how to go about requesting that the solicitor stand down and allow her to undertake the probate process herself. She feels confident that she can undertake the process due to the fact that my partner and I are there to aid her in the action and my partner has recently undertaken a similar process as executor for her own parents' estates (large sums/Trusts etc).
Additionally we read the Guardian article https://www.theguardian.com/money/2013/sep/21/probate-avoid-rip-off-comparing
...and various other internet information such as the following statement:

The Law Society is in effect now a trade union for solicitors and the SRA is the regulator, so the importance of following their respective guidance may be different. But in reality their advice is much the same. A solicitor should consider why their client appointed them as executor in the first place. If there are no good reasons why that particular firm continues to act and the beneficiaries have all given their unpressured, informed consent, then the solicitor should step down: most will be prepared to do so.

However Mum is wary of how to broach the subject with the solicitor firm due to the fact that they potentially will not want to relinquish a hefty fee and has asked me to request advice on exactly how to approach the solicitor.

Many thanks in advance for your replies.

Comments

  • Tom99
    Tom99 Posts: 5,371 Forumite
    1,000 Posts Second Anniversary
    [FONT=Verdana, sans-serif]Does the will provide for the solicitor to charge a fee for their services? It probably does as they drafted the will, but if it does not they cannot charge a fee without the other executors permission.[/FONT]
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 353.9K Banking & Borrowing
  • 254.3K Reduce Debt & Boost Income
  • 455.2K Spending & Discounts
  • 246.9K Work, Benefits & Business
  • 603.5K Mortgages, Homes & Bills
  • 178.3K Life & Family
  • 261K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.