Do I need to appoint the ‘Firm’ as mentioned in Mum’s will?

Lorraine5

Unfortunately my Mum passed away suddenly very recently. Mums’ Will was drawn up by a Will writing firm who visited Mum at home and I am named as sole Executrix and Trustee of the Will. A firm of solicitors are mentioned and the Will states “I wish this Will to be ‘proved’ by not more than two of the partners of the Firm”. Does this mean I am legally bound to use the Firm mentioned or am I able to either engage another solicitor in their place or carry out the Probate myself?  

Savvy_Sue

Sorry for your loss. 

Generally, if you ask solicitors to renounce then they should do so, unless there are compelling reasons not to do so. If this is a simple will then no reason they shouldn't.

HOWEVER, will-writing firms don't always get it right, and if you are sole executor then there shouldn't be any need for anyone else involved in the first place. Suggest you give the firm named a call. 

Lorraine5

@Savvy_Sue   Thank you. I will give them a call. 

Keep_pedalling

If you are the sole executor you don’t need to engage any solicitors if you are comfortable to do it yourself, and if you decide to use one it is up to you who your employ. 

This has been worded as a wish and wished are not enforceable.

Lorraine5

@Keep_pedalling thank you

Manxman_in_exile

I would also suggest that the phrase "not more than two of the partners etc..." also includes none of the partners

Lorraine5

Just as a final update on this thread. Having considered the excellent advice and comments offered on here and after further investigation, we decided to go for probate ourselves without contacting the solicitor mentioned in the Will. Whilst the recent months have been stressful for obvious reasons, we have just received the certificate of probate. Stay safe and thank you again. 

alun4

It is good to read the endpoint of the journey. Congratulations.