📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Requirement to use services of solicitor already appointed as executor

My mother has appointed me as co-executor of her estate with a firm of solicitors.  I am the sole beneficiary, and the estate (although moderately large and subject to inheritance tax, is not very complex).  I would like to administer the estate and apply for probate myself, but the solicitors are insisting that it is a legal requirement that I use their services.  Is this true, and if it is - to what extent?  Many thanks for any advice.

Comments

  • p00hsticks
    p00hsticks Posts: 14,468 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If they are named co-executors then my understanding is that you are required to work with them unless they are willing to relinquish being co-executors. 
  • elsien
    elsien Posts: 36,163 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 3 May 2024 at 2:26PM
    You can request that they relinquish and they need to have a good reason not to do so. 

    https://communities.lawsociety.org.uk/august-2021/giving-it-up/6001952.article

    They are being disingenuous in saying it’s legal requirement as they can stand down. If dealing with the estate is likely to be an uncontentious process, then it’s a request they should certainly consider. 



    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • JGB1955
    JGB1955 Posts: 3,864 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    There's some interesting reading on this subject at Can I ask a professional executor to step down? – Birketts
    #2 Saving for Christmas 2024 - £1 a day challenge. £325 of £366
  • badmemory
    badmemory Posts: 9,682 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    But it will cost either way.  That is why they want to do it, just the fee.  It would be a lot quicker to pay their fee & DIY.  Six months wait for the Gazette for a start before they do anything, when you would be liable as either executor or beneficiary, which would make no difference to your position.  So say £100k for six months @ 4% is going to cost you £2k before they even start.  Then any conversation you need to have with them will cost.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.2K Banking & Borrowing
  • 253.2K Reduce Debt & Boost Income
  • 453.7K Spending & Discounts
  • 244.2K Work, Benefits & Business
  • 599.3K Mortgages, Homes & Bills
  • 177.1K Life & Family
  • 257.7K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.