Executors: myself and a firm of solicitors

Sterlingtimes

My mother's Will names me as the sole beneficiary. The executors are a firm of solicitors and myself. I could handle probate for this simple estate on my own: it has no real property. What role would the firm of solicitors insist upon performing?

elsien

You can invite them to step down if it’s a simple estate. There’s some guidance about that around somewhere. 

Sterlingtimes

elsien said:

You can invite them to step down if it’s a simple estate. There’s some guidance about that around somewhere. 

That is very helpful. Thank you. I will suggest that when the time comes.

Malthusian

See the Law Society's guidance to solicitors following Richman v WAG Davidson and Co.

The solicitors should renounce if you ask them to unless they have a good reason not to.

elsien

Might it be better to have a conversation with your mother about her reasons for having the solicitors in there anyway? It may be that she wants to take the strain off you at a difficult time but having to deal with a solicitor to ask them to step down also isn't what you would be wanting to be doing. 
If you are an executor then you can always draft a solicitor in yourself  for the bits you want or need at the time rather than having them as a nominated executor?
Otherwise you might find this helpful. The solicitor can decline to step down if they have good enough reason which is why a discussion with your mother now might be helpful.
Giving it up | Feature | Communities - The Law Society

p00hsticks

elsien said:

Might it be better to have a conversation with your mother about her reasons for having the solicitors in there anyway? It may be that she wants to take the strain off you at a difficult time but having to deal with a solicitor to ask them to step down also isn't what you would be wanting to be doing. 
If you are an executor then you can always draft a solicitor in yourself  for the bits you want or need at the time rather than having them as a nominated executor?
Otherwise you might find this helpful. The solicitor can decline to step down if they have good enough reason which is why a discussion with your mother now might be helpful.
Giving it up | Feature | Communities - The Law Society

The other reason you are missing (or have tactfully decided not to mention) is that the OP may predecease the mother. When drawing up wills solicitors tend to recommend naming more than one executor and also a fallback beneficiary if the first named should die. 

If there is only one executor and they are also the sole named beneficiary, then if they predecease the testator, I imagine it could get messy as I think more distant family members would have to apply for letters of administration and then ensure the estate was distributed as per the intestacy rules of the country in question. If no one was prepared to do that then any estate would just be left in limbo 

Sterlingtimes

Malthusian said:

See the Law Society's guidance to solicitors following Richman v WAG Davidson and Co.

The solicitors should renounce if you ask them to unless they have a good reason not to.

Thank you. That is very clear.

Sterlingtimes

elsien said:

Might it be better to have a conversation with your mother about her reasons for having the solicitors in there anyway? It may be that she wants to take the strain off you at a difficult time but having to deal with a solicitor to ask them to step down also isn't what you would be wanting to be doing. 

Thank you, Elsien. I cannot discuss this with my mother. She is very ill in hospital and is to be moved by the NHS to a nursing home today. I am preparing matters in anticipation of my mother's death to ease matters when the time comes. I will ask the solicitor to step aside in due course as you suggest. 

Sterlingtimes

p00hsticks said The other reason you are missing (or have tactfully decided not to mention) is that the OP may predecease the mother. When drawing up wills solicitors tend to recommend naming more than one executor and also a fallback beneficiary if the first named should die. 

If there is only one executor and they are also the sole named beneficiary, then if they predecease the testator, I imagine it could get messy as I think more distant family members would have to apply for letters of administration and then ensure the estate was distributed as per the intestacy rules of the country in question. If no one was prepared to do that then any estate would just be left in limbo 

Thank you. That is well explained and makes perfect sense. I had not thought things through that far. I am on an accelerated learning curve. My very aged and unwell mother is being transferred from hospital to a nursing home today under the NHS's Continuing Health Care scheme: I did not know that such a thing existed until a week ago. 

elsien

I am sorry your mother is so unwell. If you have any questions about CHC please ask as it is something I am reasonably familiar with. Very simply though, it means that your mother's needs  are primarily health related rather than social care support and she needs full nursing care so health are taking responsibility for funding and reviewing the place.  

Sterlingtimes

elsien said:

I am sorry your mother is so unwell. If you have any questions about CHC please ask as it is something I am reasonably familiar with. Very simply though, it means that your mother's needs  are primarily health related rather than social care support and she needs full nursing care so health are taking responsibility for funding and reviewing the place.  

You are very kind. The NHS has been hugely supportive. She has been in hospital since 10 March, save for three days. I discussed my mother's condition with a consultant, and the hospital went ahead with Fast Track. The NHS has selected a top-tier nursing home. This is such a relief at this time of difficulty.