Requirement to use services of solicitor already appointed as executor
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ToraSchrodi
Posts: 1 Newbie
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.
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Comments
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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.0
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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.1 -
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 £3661
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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.
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