Solicitors Fees for probate/executor

CharlieTrott

My mother in law died recently and named a local firm of solicitors as executors of her estate in her will.
It is a simple estate with a house and a couple of bank accounts and all is to be divided equally between her two daughters. We have been shocked to receive notification that on top of an hourly rate of £250+vat for the 12 hours the solicitors estimate it will take them to carry out their duties they want an additional percentage of the house sale and estate value - a nice little bonus of around £30,000 !
Many legal firms now offer this service for a set fee or an hourly rate but no extra windfall percentage. It seems you can't change an executor of a will without going to court, but is there anything else we can do to contest this outrageous theft of the daughters' inheritance? They are happy to pay an hourly rate for the work undertaken but this extra percentage seems criminal!

TonyMMM

It is quite common ( but less than it used to be) for solicitors to charge a % of the estate value, in addition to their hourly charges, for probate work. I was quoted 2% by a solicitor about 10 years ago. ..I didn't take up their offer.

If the will is straightforward, and you (or another family member) are willing to act as administrator, then you should formally ask the solicitor to renounce the role. A reputable firm should be willing to do so. Has that been done ?

If they have already started work, or if they refuse, then it may be difficult/expensive to remove them.

Robin9

A lesson for you and your will

Tom99

You need to approach them quickly because once they start administering the estate they cannot renounce the role without a court application.

Owain_Moneysaver

Ask them to revoke their executorship and do most of the work yourself.

JJ_Egan

It is easy to carry out Probate on a simple estate .

Keep_pedalling

Owain_Moneysaver wrote: »

Ask them to revoke their executorship and do most of the work yourself.

You should do this but they have no obligation to so, so do not be surprised if they refuse to give up their executorship. If that is the case there is little you can do, they are simply carrying out your MIL instructions not stealing from the beneficiaries.

An executor can be removed by a court for misconduct or failing to administer the estate, but not for charging fees agreed with their client.

sttony

This sticky might have come to an end due to its age. LAwyers are very good at charging high fees, and I know how they charge inside out. What they are generally clueless at, it cost law. This is a very specialist area that most have not got a clue about.

1 Get hold of the initial agreement and start looking at the retainer in detail. IN the majority (you read correctly), their retainers, costs advice, estimate of fees etc is poor, and that is being kind.

2 Get hold of solicitor letters - bills etc

3 Internet search for 'challenging solicitors fee'.

4 View the sites and make a decision

There are complicated rules regarding solicitor/client costs, and I am afraid, many of the former are pretty clueless in costs law. They might be experts in the service they provide, but not in costs.

Best of luck - and do not accept the solicitors advice as gospel.