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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: 14,642 Forumite
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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. 
  • elsien
    elsien Posts: 36,554 Forumite
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    edited 3 May 2024 at 1:26PM
    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: 3,902 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: 10,064 Forumite
    Ninth Anniversary 10,000 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.
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