Probate - solicitor named as Executor on Will.

Brook321

Good Afternoon. 

I started selling my mother’s flat in January this after she had been seriously unwell in hospital  for a few months and it transpired she wouldn’t be well enough to return home again. The condition she had was very serious with no treatment. 

She had to go into a nursing home before Christmas since ended up bed-bound with a very high level of needs, having previously been completely independent prior to this. It was a very sad and difficult situation. 

 I appointed a solicitor to deal with the sale of her flat using the Lasting Power of Attorney I held (since the money was going to be needed to pay sky- high nursing home fees). 

Sadly, my mum passed away suddenly in late February. The sale of the flat is on hold and the solicitor I had appointed told me once we had probate to contact him and he would recommence the process of selling the flat. 

On my mum’s Will, it transpired she had named myself and my brother as Executors on the Will  but in addition she had named her solicitor as the third Executor. I think she thought it would be helpful to us but it just ends up being very expensive. Their charges per hour are very high. 

We had to engage with the solicitor because they are named as an Executor - with equal rights to us. They are helping us apply for probate for the flat but I have done everything else myself such as shutting down bank accounts and informing utilities/ services of her death -settling her accounts etc. 

My main question is once probate is granted do I have to use the solicitor named as the Executor on her Will ( because they are named on her Will) to sell the property, or can I go back to the original solicitor I appointed in January to sell the property? At present I have ended up with two solicitors (with the first solicitor on hold). 

I have read that the only way you can get a solicitor named as an executor on a Will not to act is to get them to renounce the position - which he won’t do;  or go to court - drastic action. 

Am I better off to contact the first solicitor (whose on hold) and just pay them for the work they have done to date and just put up with the high charges of the solicitor named as executor  on the Will - £320 per hr because legally there is no way around it?

If any one has any experience of a similar situation I’d be grateful for guidance re this situation 
Many thanks 

RAS

Sorry you've been caught up in this. As you suggest it is usual for solicitors to renounce executorship for fairly simply probate cases. I'd also surprised they've not handed the work to a legal exec at a lower fee, under supervision.

Obviously you'll be supplying most of the information anyway, and they are filling in the form. 

I suspect the answer to whether the probate solicitor is entitled to sell the house depends on the exact wording of the will. Do the beneficiaries inherit the house? Or is everything to be converted to cash and shared?

You won't yet be able to insert files into your posts but if you can type out the relevant section, people might be able to help you, or at least respond with relevant questions.

Keep_pedalling

You should have asked the solicitors to renounce their powers at the start but too late for that now. All you can do now is inform the probate solicitor that your original solicitor has already carried out part of the work in selling the property and to avoide duplication and additional costs that you would like to let them to finish the job.

Brook321

Hello 
Thanks for your reply. The Will says: 
I give, devise and bequeath all my real and personal property not otherwise disposed of by this my Will or any Codicil hereto unto my Trustees UPON TRUST to sell in collect and convert the same  into money with full power to postpone such sale calling in and conversion for such period as they think proper without being responsible for loss. 

Not sure if that helps? 

Re the Executors it actually states 
and the Partners in the firm of xxxx Law 
so they have covered themselves to charge top rates. 

My mum wouldn’t have realised this when she signed it 

Brook321

I did tell the first solicitor that the second solicitor was named as an Executor  and I told the second ( Executor ) solicitor thst I had already engaged a solicitor 5 weeks before. They (second solicitor) refused to step down. 

I realise the second solicitor will have to apply for probate because of the Will  but wondered where I stand legally if I tell them I don’t want them to sell the property, and go back to the first solicitor for the actual sale. , Or will this end up being even more complicated? 

Keep_pedalling

Brook321 said:

Hello 
Thanks for your reply. The Will says: 
I give, devise and bequeath all my real and personal property not otherwise disposed of by this my Will or any Codicil hereto unto my Trustees UPON TRUST to sell in collect and convert the same  into money with full power to postpone such sale calling in and conversion for such period as they think proper without being responsible for loss. 

Not sure if that helps? 

Re the Executors it actually states 
and the Partners in the firm of xxxx Law 
so they have covered themselves to charge top rates. 

My mum wouldn’t have realised this when she signed it 

Despite the wording you can ask them to renounce and they nearly always will although they are likely to make a small charge for the paperwork.

FlorayG

Can you just not ask the executor solicitor to do any of the work? When my dad died my sister and I were joint executors; she did nothing at all, I did everything. She never renounced any responsibility it's just that I never asked her to do anything and she didn't particularly want to. After probate I think the same would apply; if the third executor had NOT been a solicitor then they wouldn't have had any rights over the two others to decide who managed the sale, so you can go back to the original solicitor.
I think it's unlikely that the actual solicitor is doing the work, its the sort of admin they pass on their staff, so they absolutely should not be charging you for their time at full rate

elsien

What reason have they given for not renouncing, and have you checked the guidance for professionals in the circumstances?

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