Worth trying to remove solicitor as Executor?

Cliffs

Hi I would value some advice. My mother recently passed away. I am the sole beneficiary of her will but she did appoint a solicitor as sole Executor. Mum only has a bank account, a saving account and life insurance policy. I suspect the total value to be around 60K. No property. The solicitor is fixed rate at 1.5% however, I am wondering if the process may be quicker if I handle it myself. There is little in it for the solicitor and reviews of their services tend to suggest they drag their heels. The process has not really started yet so I am wondering if it is better for me to ask them to step down as Executors. Many thanks.

Yorkshireman99

Cliffs wrote: »

Hi I would value some advice. My mother recently passed away. I am the sole beneficiary of her will but she did appoint a solicitor as sole Executor. Mum only has a bank account, a saving account and life insurance policy. I suspect the total value to be around 60K. No property. The solicitor is fixed rate at 1.5% however, I am wondering if the process may be quicker if I handle it myself. There is little in it for the solicitor and reviews of their services tend to suggest they drag their heels. The process has not really started yet so I am wondering if it is better for me to ask them to step down as Executors. Many thanks.

Wll worth asking. Solicitors are by their rules supposed to renounce. Then you apply for probate if needed by applying for letter of administration with the will attached.

Flugelhorn

it will be much quicker and cheaper if you do it yourself, but the solictor has to agree to step down.

Cliffs

Both, thanks so much for quick responses. As you say worth an ask.

Rubik

Yorkshireman99 wrote: »

Wll worth asking. Solicitors are by their rules supposed to renounce. Then you apply for probate if needed by applying for letter of administration with the will attached.

No, they are only obliged to consider the request to renounce. If they ahve done any work at all in relation to the estate, this is known as "intermeddling", and they can only be removed via the appropriate court order.

If the professional executor doesn't agree to renounce (and there may be valid reasons why), you could ask them to reserve their power. THis means they are still an executor, but aren't involved in the estate administration etc.
More information on your options regarding professional executors here.

Yorkshireman99

Rubik wrote: »

No, they are only obliged to consider the request to renounce. If they ahve done any work at all in relation to the estate, this is known as "intermeddling", and they can only be removed via the appropriate court order.

If the professional executor doesn't agree to renounce (and there may be valid reasons why), you could ask them to reserve their power. THis means they are still an executor, but aren't involved in the estate administration etc.
More information on your options regarding professional executors here.

I checked with my own solicitor and she says that the guidance they are expected to follow IS to renounce if it a simple estate like the OPs. She also said They would actually prefer to do so in suh a case as the fees will seem very high in comparison to the estate size and might not even cover their costs on a percentage basis. So I will here opion rather than yours. I would add that I have also had personql experience of doing this on two occasions. One solicitor made charge o £25 which I did not think unreasonable.

Rubik

Yorkshireman99 wrote: »

I checked with my own solicitor and she says that the guidance they are expected to follow IS to renounce if it a simple estate like the OPs. She also said They would actually prefer to do so in suh a case as the fees will seem very high in comparison to the estate size and might not even cover their costs on a percentage basis. So I will here opion rather than yours. I would add that I have also had personql experience of doing this on two occasions. One solicitor made charge o £25 which I did not think unreasonable.

They are only obliged to consider the request, they are not obliged to renounce.

See here: https://www.lawsociety.org.uk/support-services/advice/practice-notes/appointment-of-a-professional-executor/

"In some cases where you have been appointed as an executor(s) you may be asked by the beneficiaries to renounce probate on the death of your client. You are not required to do so."

Owain_Moneysaver

Much quicker, cheaper and easier to do it yourself, and you may not even need to go to probate if the bank and savings accounts will release funds without it.

Mojisola

Cliffs wrote: »

I am the sole beneficiary of her will but she did appoint a solicitor as sole Executor.

Mum only has a bank account, a saving account and life insurance policy. I suspect the total value to be around 60K.

Owain_Moneysaver wrote: »

Much quicker, cheaper and easier to do it yourself, and you may not even need to go to probate if the bank and savings accounts will release funds without it.

This ^

Does the life insurance payment come straight to you and bypass the estate?

If so, the estate is so small that probate shouldn't be needed (unless any of the banks are awkward).

With the will and the death certificate, most will release that kind of money directly to you.

Yorkshireman99

Rubik wrote: »

They are only obliged to consider the request, they are not obliged to renounce.

See here: https://www.lawsociety.org.uk/support-services/advice/practice-notes/appointment-of-a-professional-executor/

"In some cases where you have been appointed as an executor(s) you may be asked by the beneficiaries to renounce probate on the death of your client. You are not required to do so."

Beware of taking this as literal. It is NOT cast in stone! It is a situation where it is sensible for both sides to discuss it. It is of no benefit to the solicitor to be at odds with the potential client. Caommon sense on both sides is needed.

Rubik

Yorkshireman99 wrote: »

Beware of taking this as literal. It is NOT cast in stone! It is a situation where it is sensible for both sides to discuss it. It is of no benefit to the solicitor to be at odds with the potential client. Caommon sense on both sides is needed.

So people should be aware of the guidance from the Law Society to its members, ie solicitors?

You are right that it is of no benefit to either a professional executor, the other executors or the beneficiaries to be at odds with each other; and in some ( not all, but some) cases, the professional executor may decide to renounce and allow the other executors to progress the probate and estate administration. But the fact remains that they are not obliged to renounce.