Further query Re: Old Will

CraftyCavalier

I posted on here last week regarding my Mum’s Will and received some very welcome advice.

I have since done a bit more digging. The Will was written in 1973, and the Solicitor is named as the Executor. The office was local, but I’ve checked and it is no longer a Solicitors. However, I have Googled the name, and it seems that another firm of Solicitors took over. Their website states that they “went into partnership with the late Mr Xxxx, and on his death the firm became an LLP”. The Will also mentions a Trustee, but it only has his name.

So, do I now need to contact the Solicitors who have taken over, or because the one mentioned in the Will is now deceased can I either choose my own Solicitor or handle things myself ?

Yorkshireman99

CraftyCavalier wrote: »

I posted on here last week regarding my Mum’s Will and received some very welcome advice.

I have since done a bit more digging. The Will was written in 1973, and the Solicitor is named as the Executor. The office was local, but I’ve checked and it is no longer a Solicitors. However, I have Googled the name, and it seems that another firm of Solicitors took over. Their website states that they “went into partnership with the late Mr Xxxx, and on his death the firm became an LLP”. The Will also mentions a Trustee, but it only has his name.

So, do I now need to contact the Solicitors who have taken over, or because the one mentioned in the Will is now deceased can I either choose my own Solicitor or handle things myself ?

You have to start with the new firm. You can ask them to act or if they will withdraw in your favour. They don.t have to agree but ask anyway.

SeniorSam

If the Trustee is not a family member and was entered in the Will without an address, then in my opinion the Will was very badly drawn up. If you are capable of dealing with the Will yourself, then ask the new solicitors to stand down and save a lot of money and time.
Sam

CraftyCavalier

Thank you Yorkshireman99 and SeniorSam. The new office is not as convenient to get to. Would I have to go in person, or do you think I could contact them by email ? I’ve never dealt with Solicitors before, so feel uneasy. I can’t see them being keen on giving up potential business.

Flugelhorn

I think that they can insist on doing the work if they are named in the will, however if the estate is of low actual value (ie cash) then they may not feel that they need to continue as executor - they would be looking at a percentage of the value.
However if you want to sort other things out eg house ownership / more wills then maybe they will sort as a package.
Best to ask first if they will withdraw as executor and then at least you have a choice when it comes to dealing with the other bits and pieces

Yorkshireman99

CraftyCavalier wrote: »

Thank you Yorkshireman99 and SeniorSam. The new office is not as convenient to get to. Would I have to go in person, or do you think I could contact them by email ? I’ve never dealt with Solicitors before, so feel uneasy. I can’t see them being keen on giving up potential business.

The best thing is to phone them and ask.You will need to provide proof of identity usually a recent utilty or council tax bill, a bank staement and a driving licence or passport. You will find them much less intimidating than you imagine and a personal visit will be needed. They may charge a fee to draft a deed of renuciation,

CraftyCavalier

Flugelhorn wrote: »

I think that they can insist on doing the work if they are named in the will, however if the estate is of low actual value (ie cash) then they may not feel that they need to continue as executor - they would be looking at a percentage of the value.
However if you want to sort other things out eg house ownership / more wills then maybe they will sort as a package.
Best to ask first if they will withdraw as executor and then at least you have a choice when it comes to dealing with the other bits and pieces

Thank you Flugelhorn. The estate is of low value. My Dad and myself are living in the house, so there is no property to sell. It’s just a couple of bank accounts/National Savings, the majority of which my Mum wanted me to inherit.

CraftyCavalier

Yorkshireman99 wrote: »

The best thing is to phone them and ask.You will need to provide proof of identity usually a recent utilty or council tax bill, a bank staement and a driving licence or passport. You will find them much less intimidating than you imagine and a personal visit will be needed. They may charge a fee to draft a deed of renuciation,

Thank you. I will give them a ring next week. Just wanted to make sure I have some idea of what I’m talking about ! My Mum would be horrified if she knew this was causing any problems. I was only a child when the Will was drawn up. It’s only two pages, most of which is just legal jargon.

Flugelhorn

Old wills can be odd, my parents' wills were written by a solicitor relative.

They were written over 30 years ago, I think they were the first wills they had had and for some strange reason were done just before I married!

Full of legalese but while my parents were referred to as "my dear wife" and "my dear husband" - I was just "daughter" AND they spelt my name wrong. Goodness knows what went on, it was a Sunday - I think they must have had the sherry bottle out

Yorkshireman99

CraftyCavalier wrote: »

Thank you. I will give them a ring next week. Just wanted to make sure I have some idea of what I’m talking about ! My Mum would be horrified if she knew this was causing any problems. I was only a child when the Will was drawn up. It’s only two pages, most of which is just legal jargon.

You should be fine. It is an everyday occurrence for solicitor. They may suggest you make LPOAs but beware as you can easily do them on line for a fraction of what a solicitor will change. It WOULD be a good idea for you both to make new wills.

CraftyCavalier

Yorkshireman99 wrote: »

You should be fine. It is an everyday occurrence for solicitor. They may suggest you make LPOAs but beware as you can easily do them on line for a fraction of what a solicitor will change. It WOULD be a good idea for you both to make new wills.

Thank you. Do you think it would be in order to detail what has happened in an email to them first and see what they say about withdrawing as Executors ? (I know - I’m trying to wimp out of going to see them - but their office is a pain to get to).

My Dad has said he will make a Will. We have been recommended a local Solicitor, so we both plan to go there.