Changing executorship from solicitors to family

silvercar

I think your solicitors are trying to drum up more business from themselves. I'm not sure how ethical their response is. Nothing stopping her rewriting her will and getting it witnessed with new executors. A copy of the old will could be used with the only changes being executor names. There is even no legal obligation to tell the solicitors that the will they hold has been superceded, though it makes life potentially easier when the time comes. Though in the same vein, when the time does come, there is no obligation to inform an ex- solicitor of the deceased.

We are in receipt of your email but are unable to provide any advice in this regard until we have seen sight of the death certificate, considered the Will, considered the estate involved and taken identification from those requesting the renunciation.  Fair enough

As Mrs D is still alive, please contact us at the relevant time you have the above documentation/information, and we shall consider the position in full.  We are unable to discuss Mrs D’s Will with you currently. Also Fair enough

In the alternative, if Mrs D wishes to make changes to her Will She is free to do so

we can arrange a home visit, through us or through anyone else, or indeed without taking legal advice

provided she is well enough to provide us with instructions.  Mrs D would need the required mental capacity and would need to demonstrate this by being seen on her own to provide all her personal information, a list of her assets Anyone would be allowed to make sure she has a list of her assets and her personal info, this sounds like they are discouraging her from making any changes. Makes you wonder if they are worried they will lose out on about 3% of the estate in executor fees.

and give reasons for any changes to her previous Wills.No obligation to give reasons for a will change.

  The initial appointments usually takes between 45-60 minutes and a further appointment to visit to sign the Will is also required. I'm sure it is, all charged at a good rate.

Perdusys1955

silvercar said:

I think your solicitors are trying to drum up more business from themselves. I'm not sure how ethical their response is. Nothing stopping her rewriting her will and getting it witnessed with new executors. A copy of the old will could be used with the only changes being executor names. There is even no legal obligation to tell the solicitors that the will they hold has been superceded, though it makes life potentially easier when the time comes. Though in the same vein, when the time does come, there is no obligation to inform an ex- solicitor of the deceased.

We are in receipt of your email but are unable to provide any advice in this regard until we have seen sight of the death certificate, considered the Will, considered the estate involved and taken identification from those requesting the renunciation.  Fair enough

As Mrs D is still alive, please contact us at the relevant time you have the above documentation/information, and we shall consider the position in full.  We are unable to discuss Mrs D’s Will with you currently. Also Fair enough

In the alternative, if Mrs D wishes to make changes to her Will She is free to do so

we can arrange a home visit, through us or through anyone else, or indeed without taking legal advice

provided she is well enough to provide us with instructions.  Mrs D would need the required mental capacity and would need to demonstrate this by being seen on her own to provide all her personal information, a list of her assets Anyone would be allowed to make sure she has a list of her assets and her personal info, this sounds like they are discouraging her from making any changes. Makes you wonder if they are worried they will lose out on about 3% of the estate in executor fees.

and give reasons for any changes to her previous Wills.No obligation to give reasons for a will change.

  The initial appointments usually takes between 45-60 minutes and a further appointment to visit to sign the Will is also required. I'm sure it is, all charged at a good rate.

Thanks, I think that was our opinion, but not being solicitors, we did not know if that was usual practice. I think if she can have a copy of her existing will when other solicitors come to do a new will, and just ask for the Executors to be changed, that should solve matters?  However, I'm not sure what would constitute them being happy with mental capacity.  Also, do you make a decision about fixed fee vs individual charges when a will is drawn up, or when it has to be enactied? She doesn't remember if anything was decided.

silvercar

Perdusys1955 said:

silvercar said:

I think your solicitors are trying to drum up more business from themselves. I'm not sure how ethical their response is. Nothing stopping her rewriting her will and getting it witnessed with new executors. A copy of the old will could be used with the only changes being executor names. There is even no legal obligation to tell the solicitors that the will they hold has been superceded, though it makes life potentially easier when the time comes. Though in the same vein, when the time does come, there is no obligation to inform an ex- solicitor of the deceased.

We are in receipt of your email but are unable to provide any advice in this regard until we have seen sight of the death certificate, considered the Will, considered the estate involved and taken identification from those requesting the renunciation.  Fair enough

As Mrs D is still alive, please contact us at the relevant time you have the above documentation/information, and we shall consider the position in full.  We are unable to discuss Mrs D’s Will with you currently. Also Fair enough

In the alternative, if Mrs D wishes to make changes to her Will She is free to do so

we can arrange a home visit, through us or through anyone else, or indeed without taking legal advice

provided she is well enough to provide us with instructions.  Mrs D would need the required mental capacity and would need to demonstrate this by being seen on her own to provide all her personal information, a list of her assets Anyone would be allowed to make sure she has a list of her assets and her personal info, this sounds like they are discouraging her from making any changes. Makes you wonder if they are worried they will lose out on about 3% of the estate in executor fees.

and give reasons for any changes to her previous Wills.No obligation to give reasons for a will change.

  The initial appointments usually takes between 45-60 minutes and a further appointment to visit to sign the Will is also required. I'm sure it is, all charged at a good rate.

Thanks, I think that was our opinion, but not being solicitors, we did not know if that was usual practice. I think if she can have a copy of her existing will when other solicitors come to do a new will, and just ask for the Executors to be changed, that should solve matters?  However, I'm not sure what would constitute them being happy with mental capacity.  Also, do you make a decision about fixed fee vs individual charges when a will is drawn up, or when it has to be enactied? She doesn't remember if anything was decided.

My parent was at the doctors (for something else) and told them she was changing her will and could they note on her records that they felt she was of sound mind at this date. She then told her executors that was what she had done. So if anyone tries to say otherwise, her executors know it is on her medical record. I think that was probably overkill, speaking to a few trusted people and mentioning this maybe enough.

Having paid the solicitor to write the will originally, it is now your property. Nothing stopping you copying it out word for word and changing the executors, if you don’t want the expense of a new solicitor. Though you may want a new solicitor, just so that when the time comes, they can bat the old one away.

Often the will includes naming the solicitor as executor and stating in the will that they are entitled to X% of the estate; I’ve seen 3% as a figure.

Yorkie1

You will usually find that the fee for making a will or codicil is a fixed fee as this is a one-off transaction.

For executorship duties after the testator/trix has passed away, it will either be a % of the value of the estate, or per hour charging.