Do I really need to pay solicitors to handle my father's will?

user1977

[Deleted User] said:

I've just got a letter from the solicitors that did my father's will, which I have a copy of anyway, saying that they have a copy of the will in safe storage, and that I should use them to handle everything.

What exactly did they say? I'd expect them to market their services as best they can, but I'd hope they wouldn't tell you that you "need" to use them or even that you "should" instruct them.

thegreenone

I'm assuming they have the original Will not a copy?  As Executor you should be able to ask for it as you will need it to send to Probate.

polar_pig

I'm sorry for your loss.

I'd contact the bereavement for each of the banks where your dad held sole accounts and check if they will release the funds to your mother with an original (or certified copy) of the death certificate and executor ID. Note that each bank has its own balance threshold below which they don't need probate.

If probate is needed it is up to the executors to arrange. As the solicitor is not named as an executor, the acting executors can just ask for the original will from the solicitor (whilst providing proof of ID) and do probate themselves. If your mother and sister don't want to be involved in applying for probate (assuming they have mental capacity), write a letter to your mother and sister stating that you are going to apply for probate. Personally I would also get them to write on the bottom of the letter that they have read your letter and that they wish to 'reserve their powers for executorship' along with their signatures and that of a witness. That should leave you to get on with it.

fdb66

I did my Dad's with another family member recently, it seemed a bit daunting at first but was very straightforward really. Whether probate is required or not will depend on the individual banks policy, Lloyds will release up to £50,000 without probate but for NSandI the limit is £5000. It was very easy to get the money from Lloyds, I just filled in a form on their website, uploaded a couple of documents and the money was transferred two days later - no hassle having to mess around going to a branch.

fdb66

polar_pig said:

I'm sorry for your loss.

I'd contact the bereavement for each of the banks where your dad held sole accounts and check if they will release the funds to your mother with an original (or certified copy) of the death certificate and executor ID. Note that each bank has its own balance threshold below which they don't need probate.

The information should all be available on the banks website.

in_my_wellies

Just another point, if someone prefers to use a solicitor then try to find one who works for a 'fixed fee' rather than a percentage. If it's very complicated then a percentage might be cheaper. My mothers estate had two trusts, pensions from abroad and other complications but I was still advised to go for a fixed fee, less than £1000 in total

Newly_retired

I recently made a new will with a local solicitor. They store the original free of charge and they will release it to my executors, subject to ID checks, but they reserve the right to charge to release it if the executors choose not to use them for Probate.

SiliconChip

fdb66 said:

polar_pig said:

I'm sorry for your loss.

I'd contact the bereavement for each of the banks where your dad held sole accounts and check if they will release the funds to your mother with an original (or certified copy) of the death certificate and executor ID. Note that each bank has its own balance threshold below which they don't need probate.

The information should all be available on the banks website.

Maybe it should, but my experience is that in most cases it wasn't.