Executor named on will is my Aunties solicitor .Few questions regarding their role

Fletchkov

Hi. My Auntie has just died and as her estate involves selling her house and one foreign bank account and a couple of bank accounts here with Isas . My sis, brother and me are the beneficiaries . She’s named the executor on her will to be her Solicitor . 

As I was the Executor for my dads will I know everything that needs to be done. He didn’t have a property and his was relatively straightforward. My Aunts is more complex.

She died over Xmas so we have had to wait for everything, The soonest we could see the solicitor is this Wednesday . We are picking up death certificates tomorrow . 

I know there’s a form that comes with the death certificate you can tick off which utility companies etc you’d like to be notified as I did it with dads . 

What I’d like to know is how much do I leave for the solicitor to do?as I’m only next of kin . 

Also the solicitor she had originally  (small family one ) was bought out by a huge solicitor ‘Biscoes’ so they are likely to be expensive . She did do her will just as they were changing over . 

So apart from the question about what will the solicitors do , I’d also be greatful for any questions I should ask ? Or advice ? For when I visit them on Wednesday 

Her Estate is likely to be worth with her house included 7-800k . 

Just to add to my post , before she went and I was POA I made it my mission to find every bank account, life insurance policy, bill and random paperwork around her house , birth certificates and file absolutely everything so it will make the solicitors job a lot easier. They won’t need to dig anything out at all . I have it all filed 

Savvy_Sue

You're off to a good start, because you don't want to be paying a solicitor to track down bank accounts. They'd normally start by asking a whole bundle of questions! And you will have at least some of the answers. 

A question: would you prefer to act as executor yourself? I know you say the estate is more complicated than your Dad's, but how much more complicated? You'd be able to get advice on any specific problems, eg the foreign bank account.

Because if you felt confident, and you didn't think there'd be a lot of opposition from your siblings, you could ask the solicitors if they would renounce and allow you to do the job. 

Flugelhorn

you can ask if the solicitor will give up being executor and let you do it  - they may do or they may insist on carrying on, they will be delighted that you have all the info to hand

p00hsticks

Fletchkov said:

I know there’s a form that comes with the death certificate you can tick off which utility companies etc you’d like to be notified as I did it with dads . 

I think your memory might be playing slight tricks there (assuming you are in England or Wales) When you go to register the death and get given the death certificates you will be given a link to the online Tell Us Once service, but that only notifies government departments - DWP, DVLA, HMRC, Local Council etc. 

Banks, utility companies and the like will need to be contacted individually - try to have account numbers to hand and look for contact numbers specifically for their bereavement departments (most large companies have them).

One of the most important priorities if the house is now empty is to remove any valuables and to get in touch with the house insurance company to see what needs to be done to continue the policy...

Fletchkov

Thanks for the replies, I’ve got a lot to think about . I also went into a local good estate agent to ask advice and they said normally a solicitor acting as executor is responsible for selling her house and they use their own preferred estate agents . Yes I’m sure they do, not sure I like the idea of that either . The only complicated bit of her estate is dealing with her foreign bank account , it was set up as she is a widow and gets a war widows Dutch pension , her Dutch husband died in the war . She has always lived here and he was going to come and join her after the war . Sadly he was killed hence her having to have a Dutch account .Although most of the pension over the years got transferred by standing order over to her Uk bank account  it stopped recently due to her not responding to them as they wanted her to set up an online account and she didn’t understand so ignored it , so she does have funds in that one. She is being paid by the government over there. I have been in touch already just to let them know but there’s a lot of paperwork going forward, and they need a death certificate which I’ve only picked up today  That’s the only complex part , the Uk bank account is fine  Then it’s the utilities which again aren’t that difficult.  The probate can be done by her bank account. And then it’s just to sell her house. Solicitors are tomorrow afternoon so I’m going to have to think about it all . 

Savvy_Sue

Well, we'd all agree you need a conveyancer involved in the sale of a house, but a lay executor can instruct a solicitor just as well as a solicitor, and it cuts out the middle man, because obviously the solicitor won't know the answers to any of the questionnaires you have to fill in before you start - you might not know all the answers either but at least you don't have to wait for the solicitor to ask you, then send them the information, then they send it off etc etc etc. 

And if you did have any issues with the Dutch account, you could at that point pay for professional help in that area, which might be best provided by someone who understands Dutch and their inheritance systems! You might find a Dutch expat forum helpful there. 

If you've got the time, it's certainly worth considering asking the solicitors to step aside ... you will definitely save both money and time, IMO!

Flugelhorn

I am sure you could manage most of this if the solicitors agree to stand aside. you can choose own estate agents and keep an eye on the costs etc. re the Dutch funds, suspect the solicitor would still go to some other specialist firm (at cost) to get that sorted. You may find a lawyer in the Netherlands who will help 

poseidon1

OP, looks as if the Dutch bank account will be the only complicated aspect of administering your Aunt's estate. Once you contact the bank they may possibly request a Certificate of Inheritance or Certificate of Executorship- see link below.

However, depending on the balance on the account, the cost of obtaining a formal certificate via a dutch lawyer  to access the account might not be cost effective.  

No doubt the Bank's bereavement unit will advise on their requirements.

https://www.gmw.nl/en/blog/what-is-a-certificate-of-inheritance-and-when-should-it-be-drawn-up/#:~:text=By Sieta Autar-Matawlie,law notary, who then investigates.

RAS

Ask the existing solicitor up front if they want to renounce.

Keep_pedalling

RAS said:

Ask the existing solicitor up front if they want to renounce.

Probably better to ask if they will renounce.