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Wills with solicitor as named executor

ejr297
Posts: 1 Newbie
My parents had mirrored wills drawn up by a solicitors firm. My dad has just passed and I've discovered the solicitor made themselves executor (or the firm if that solicitor has moved on).
My parents probably thought this would save me a lot of hassle, but it means the firm can now charge them for any legal action required - eg probate.
I was happy to sort out probate myself but the solicitor is insisting they are involved - they will not renounce. I would have to go to court (more cost and delay) if I wanted to fight them. I have managed to get them to compromise and allow me to work with them and they will charge their hourly rate (£190+vat) for anything they do.
This is a better deal than the 5% (plus vat) of my father's estate which they could have gone for!
A warning to anyone who thinks they are getting a cheap will writing service to watch out for the catch!
My parents probably thought this would save me a lot of hassle, but it means the firm can now charge them for any legal action required - eg probate.
I was happy to sort out probate myself but the solicitor is insisting they are involved - they will not renounce. I would have to go to court (more cost and delay) if I wanted to fight them. I have managed to get them to compromise and allow me to work with them and they will charge their hourly rate (£190+vat) for anything they do.
This is a better deal than the 5% (plus vat) of my father's estate which they could have gone for!
A warning to anyone who thinks they are getting a cheap will writing service to watch out for the catch!
2
Comments
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If you don't name a solicitor as executor, then whoever you do name still has the option of employing a solicitor to do the work when the time comes if they feel unable to cope with it, so it always makes sense to name a family member or friend that you trust whereever possible.
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It's even better to ask someone who you trust first before naming them.
I don't know if your parents thought you were doing you a favour or not @ejr297 (has your mother said that?) but I know there's a choice. We certainly weren't forced one way or the other when drawing up our wills.0 -
The solicitors did not make themselves executors your parents did. If your mother is still capable of doing so she should look at making a new one.1
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Why will they not renounce?
It may be worth asking them specifically, and reminding them that
"The primary duty of a professional executor is to act in the best interests of the estate, which means in the best interests of the beneficiaries." (Law Society Guidance) -
there are valid reasons why a solicitor may feel it is not appropriate to renounce, they should consider things such as the reasons the testator had for choosing them, what has changed, how straightforward the estate is etc.
Do all of the beneficiaries agree that they are happy for you to act?
Have a look at https://barbados.step.org/industry-news/refusal-renounce-executorship-can-incur-heavy-legal-costs-after-ewhc-ruling which has some information abotu the sorts of factors which are relveantAll posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)0 -
OP, in your first para you say a Solicitors Firm and then in your last you mention a Cheap Will Writing Service. Which did your parents employ? They are generally two completely different things.0
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