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removing solicitors as executers while parents still alive

13

Comments

  • poppystar
    poppystar Posts: 1,668 Forumite
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    gramy1 said:
    yes i will try some more solicitors tomorrow.....just at this time my parents trying to avoid meeting people........what is reasonable price for will with solicitor...thanks
    A single Will with my solicitor is £120 plus vat - two Wills for a couple should probably be less than double that. Of course more will be charged if it is complex but nothing you have said so far suggests that. You should be able to have a free short conversation with the solicitor to ascertain if it is just simple. They will know the questions to ask you so you just need to be clear what it is you want to achieve. 
  • Pennylane
    Pennylane Posts: 2,721 Forumite
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    The solicitors who were named as executors in my late parent’s will asked whether we wanted them to step away as it was a simple will and I had already done the “Tell Us Once” stuff so I guess there wasn’t much there for them to do and therefore no money in it for them.   The issued a deed of renunciation and that was that. 
  • SevenOfNine
    SevenOfNine Posts: 2,392 Forumite
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    edited 12 March 2021 at 9:36PM
    I doubt a solicitor will step away from a % fee of an £850k estate.

    Nov 2019 my mum was changing execs on her will via a codicil, cost £90 with local solicitor, nothing else needed updating (basic division & below IHT). Solicitor actually did a new will, identical of course, execs as instructed & same price. 2 staff witnessed signing, done at safe distance, clear view.

    Assume you know you'll have to sort witnesses & make sure they all follow signing instructions correctly, so parents can't shield from contact anyway.

    Both of them still mentally competent I hope? Why not get one/both to phone & ask for their wills for you to collect, so they can consider if any updating is necessary. They don't actually need an excuse or a reason, it's their property just being stored & solicitor has no right or reason to refuse or put obstacles in their way. Unlikely to be a charge, I've picked up 3 (on deaths, free, & no problems). 

    Once parents have them they can decide if a full revision is needed, or just a codicil to change executors. Codicil is an easy job for a local solicitor. Give all 3 of you some control & a chance to weigh up what next step is best.

    Solicitor told us mum could just keep old will, shred it, or write revoked on it, the new one supersedes it.
    Seen it all, done it all, can't remember most of it.
  • greyteam1959
    greyteam1959 Posts: 4,724 Forumite
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    The OP keeps mentioning Trustpilot.
    Don't believe reviews on there is the best advice.

  • Pennylane
    Pennylane Posts: 2,721 Forumite
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    I doubt a solicitor will step away from a % fee of an £850k estate.

    Nov 2019 my mum was changing execs on her will via a codicil, cost £90 with local solicitor, nothing else needed updating (basic division & below IHT). Solicitor actually did a new will, identical of course, execs as instructed & same price. 2 staff witnessed signing, done at safe distance, clear view.

    Assume you know you'll have to sort witnesses & make sure they all follow signing instructions correctly, so parents can't shield from contact anyway.

    Both of them still mentally competent I hope? Why not get one/both to phone & ask for their wills for you to collect, so they can consider if any updating is necessary. They don't actually need an excuse or a reason, it's their property just being stored & solicitor has no right or reason to refuse or put obstacles in their way. Unlikely to be a charge, I've picked up 3 (on deaths, free, & no problems). 

    Once parents have them they can decide if a full revision is needed, or just a codicil to change executors. Codicil is an easy job for a local solicitor. Give all 3 of you some control & a chance to weigh up what next step is best.

    Solicitor told us mum could just keep old will, shred it, or write revoked on it, the new one supersedes it.
    You’re right!  Sorry I didn’t see the £850K bit.  That’s what comes of trying to cook a meal and be on here at the same time. 🥱
  • gramy1
    gramy1 Posts: 32 Forumite
    10 Posts
    hi thanks for all the reply's....yes i thought maybe we could just change the old wills and remove them as executors  but solicitor who has them now said they would issue need to issue new wills ...they would do both for £500 + VAT....my fathers will passes to my mother and then to me.....the solicitors are named as executors on both the wills so important to get them off now....both my parents are mentally  competent..... i will pay the £500 if i need to but hoping maybe i could save a few hundred,,,,,
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
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    edited 13 March 2021 at 12:40AM
    Are you happy to deal with probate yourself.  Your parents estate might be simple. Given it's value. You'll have some a considerable number of forms to complete. IHT to pay etc. 
  • Keep_pedalling
    Keep_pedalling Posts: 21,151 Forumite
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    Are you happy to deal with probate yourself.  Your parents estate might be simple. Given it's value. You'll have some a considerable number of forms to complete. IHT to pay etc. 
    Based on what the OP has told us, there should be no IHT pay. 
  • gramy1
    gramy1 Posts: 32 Forumite
    10 Posts
    hi,,,at moment the solicitors take 1.5% of property and 3/4% of  the rest......if i am made executor  then after death i will still be able to use a solicitor if i need to but at much lower costs... 
  • Keep_pedalling
    Keep_pedalling Posts: 21,151 Forumite
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    gramy1 said:
    hi,,,at moment the solicitors take 1.5% of property and 3/4% of  the rest......if i am made executor  then after death i will still be able to use a solicitor if i need to but at much lower costs... 
    That might have been reasonable 25 years ago but house price inflation has made that very expensive. Do they own their house as joint tennants? If so it will not form part of the estate on the the first death, the survivor will automatically own it outright. 
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