When using a solicitor as executor....

Corum_uk

Hi,

Having tested several templates available on the web, I've now written up a will that I am happy with.
I'm thinking of appointing a solicitor to act as executor.
Presumably I would need to inform them in advance, or can I just pop their details in the will and then someone will contact them when the time comes?
Also, if it is necessary to notify them now, do they charge any immediate fees (considering I've already written the will) or would they just take their cut when the time comes?

Thanks.

SiliconChip

I don't really understand why you're cutting corners now by writing a DIY Will, that may or may not be valid, but you're prepared for many thousands of pounds of your estate to be spent on solicitors fees in the future. Pay a solicitor now to get the will written properly and at the same time you can ask your questions about them being executors. Is there a reason why you don't want someone else to be executor (such as one or more of the beneficiaries)?

Thrugelmir

If you wish them to be executors, then they need to be holding a copy of the will themselves I'd suggest. 

Keep_pedalling

As above that makes no sense. Who will be your major beneficiaries? If they are adults or charities why not appoint them?

A solicitor should be the executor of last resort, but should be your first port of call in making the will.

cymruchris

As above - if you have a specific reason for a solicitor to be the executor - then why not involve the solicitor from the outset? I had my will written by a local solicitor a few months ago for £150 - it outlines the specifics of what I want done when I pass - and has been checked over to ensure it's all good. You could easily slip up on a DIY will - and then it'll be months/years of wrangling between beneficiaries over years after you're gone - costing everyone £'s in legal fees in the process.

Corum_uk

Thanks for the responses so far. 
A will is not difficult to pen yourself, especially if the disbursement is just a case of apportioning shares of the estate to beneficiaries.
If there are trust funds, or other more complicated matters then yes i would agree that getting a solicitor to write it would be a better option, but in my case that doesn't apply.
Appointing beneficiaries as executors is fine and all, but over time the will may change, share apportionments or beneficiaries may change, executors may end up unwilling or incapable of carrying out the executor task so end up appointing a solicitor anyway....etc.
Yes the solicitor is going to take a nice chunk for themselves, but sometimes that may still be the best/simplest option.

SeniorSam

Corum,  if you are bent on producing your own Will and wish to have solicitors to act as Executors (bearing in mind high costs) then do your own thing, but you will need it to be witnessed. This would be best at the solicitors office after he/she has agreed to be an executor as they may not wish to act as such.

Perhaps speak to a few firms of solicitors first and explain what you have in mind. They would undoubtedly wish to inspect the Will before you sign if with them as Executors and they may even be prepared to correct anything that was not in order without cost as they will make their fees as Executors in due course.

If it were me doing this, I would expect a firm of solicitors who are to be appointed as executors to draft the Will without charge, but that's me, an oldie always looking for a benefit.

Good luck with this
Sam

Keep_pedalling

Yes making a DIY will is easy, as is making a mistake in it or failing to think through all the whit is situations.

You you would not appoint beneficiaries because the beneficiaries may change, but the only way that is going to happen is if you change your will, in which case you can appoint new ones at the time, or if they pre-decease you which is why you appoint more than one and at least one should be of a younger generation.

Making a will with a regulated professional is not that expensive, but a DIY error could cost your beneficiaries a lot of money.

Mojisola

Corum_uk said:

A will is not difficult to pen yourself, especially if the disbursement is just a case of apportioning shares of the estate to beneficiaries.
Appointing beneficiaries as executors is fine and all, but over time the will may change, share apportionments or beneficiaries may change, executors may end up unwilling or incapable of carrying out the executor task so end up appointing a solicitor anyway....etc.

If your will has any problems because it is home-made, the solicitors you appoint may refuse the role - or may take it on, knowing that they will be able to make a lot extra from it while trying to remedy the issues.

I don't know if all solicitors do this but ours is willing to make changes for a very modest fee because the will is on the computer and it's quick and easy to do.

Mark2spark

My advice is don't name a solicitor, or a law firm, as executors.
Nothing stopping a named executor who is a family member/beneficiary from appointing a sol firm to do things that they don't understand or find too complicated. But when a sol is in charge of the whole ball game then you get ridiculously high costs and a much longer drawn out process.

badmemory

Sounds like a nightmare waiting to happen.  I've DIYed alsorts including POA but I wouldn't DIY my will.  The questions a good solicitor will ask are multiple.  My will should have been leave everything to my only son & guess how many questions that brought up, starting with what happens if he dies before you.  Don't do it.