Solicitors, Probate and Executors

Tr6saab

Hi, I have a question.
My wife, her brother and sister are joint Executors of their late Mothers estate; which is quite simple being a property and a small sum of money.
The Probate is being handled by the Solicitor that holds the Will.
However, the Solicitor is now saying that in order to speed up the Probate it would be better if he was appointed as a fourth Executor.
My questions are, is this normal practice and why would he want to be an Executor?
thanks 

RAS

Why has he been given the task of getting probate? Surely the current executors could handle that with no problem?

And he can't be appointed executor as well. That's not even legally possible. The donor appoints the executors.

Tr6saab

He's doing the Probate simply because he handled the application for Deputyship.

thegreenone

Why did you need Deputyship if there was a valid Will?  Confused.  Or was that for POA?

I engaged my Mum's solicitor to do Probate because they held her Will and Deeds and I didn't feel able (at the time) to do all the forms.   I did the gathering of info and passed it on, so I understand that bit but not why they are asking to be an Executor.  No to that one.

RAS

Tr6saab said:

He's doing the Probate simply because he handled the application for Deputyship.

Can we just clarify? Did anyone have Power of Attorney for MIL? Because if she was so unwell as to require deputyship, she plainly wasn't sufficiently able to devise or sign a will.

If they had POA, they could have done it on-line, or on paper and paid £82 for each.

Looks like MIL may have been stung using a solicitor for the POA with the solicitor suggesting more fees for a Will, and the siblings and are about to get a nice fat bill to execute a simple estate.

Is there any difference between what the will says and what would have happened with intestacy? Like an errant 4th sibling or ex partner?

Keep_pedalling

There has got to be a misunderstanding here, no one can be appointed an executor after the death of the testator. 

tls123

To answer your question letting a solicitor to be executor does not speed up the process, the will determines who is executor, executors can ask solicitors to apply for probate. Professional executors I.e solictors like to be appointed because they can charge for work signing as executors for every instruction needed. 

RAS

Added to which solicitors routinely delay distribution for 6 months after probate is granted in case someone who might have rights comes out of the woodwork.