What are the probate solicitors' obligations to benefactors?

poppystar

jem16 said:

RNVanStraaten said:

I take on board what you both say about the time involved and their right to charge for any responses, but are they also obliged to give us some sort of written notification of their charging schedule, if we request it?

You should be given their terms of business which will set out charges. 

I’ve just been dealing with the estates of both Mum and Dad in the last 18 months. Similar size of estate is costing around £12k plus the costs of selling the house - eg estate agent fees plus conveyancing fee. I can’t see how £1k is realistic in any way.

I think that (bold) would only apply if OP had employed the solicitors which is not the case. The solicitors were appointed the executors so they have no responsibility to the beneficiaries beyond ensuring they get their legacies and a copy of the estate accounts when it is all finalised. 

kipsterno1

Could it be that the 'about £1000' quote is for fixed fees such as the probate application and an adverts in the gazette. Like others I would then anticipate a fixed percentage of the final value.

jem16

poppystar said:

jem16 said:

RNVanStraaten said:

I take on board what you both say about the time involved and their right to charge for any responses, but are they also obliged to give us some sort of written notification of their charging schedule, if we request it?

You should be given their terms of business which will set out charges. 

I’ve just been dealing with the estates of both Mum and Dad in the last 18 months. Similar size of estate is costing around £12k plus the costs of selling the house - eg estate agent fees plus conveyancing fee. I can’t see how £1k is realistic in any way.

I think that (bold) would only apply if OP had employed the solicitors which is not the case. The solicitors were appointed the executors so they have no responsibility to the beneficiaries beyond ensuring they get their legacies and a copy of the estate accounts when it is all finalised. 

That’s true. I was assuming they were also executors but perhaps not. 

RNVanStraaten

Thanks, jem16, poppystar, and kipsterno1 for your input. I'd hoped I'd made it clear in the original post that "Her will left everything to me and my brother and specified a local firm of solicitors as her executor." 

The penny has finally dropped that, technically, the solicitors "own" the property now. I'm disappointed (and somewhat baffled) by Mum's choice in this, but at least it absolves me of any responsibility for clearing the house and disposing of her possessions, a prospect I had found very daunting.

jem16

RNVanStraaten said:

Thanks, jem16, poppystar, and kipsterno1 for your input. I'd hoped I'd made it clear in the original post that "Her will left everything to me and my brother and specified a local firm of solicitors as her executor." 

You did make it clear. I just forgot you’d said it when I replied. My mistake. 

Savvy_Sue

RNVanStraaten said:

The penny has finally dropped that, technically, the solicitors "own" the property now. I'm disappointed (and somewhat baffled) by Mum's choice in this, but at least it absolves me of any responsibility for clearing the house and disposing of her possessions, a prospect I had found very daunting.

You might want to talk to them about that. Have you had the opportunity to retrieve anything personal? They are likely to just dispose of everything, and will charge you by the hour for the privilege. Actually if they've already applied for probate, they may have cleared the house before doing that, but if they haven't, are there photos or other items of sentimental value you'd wish to have?

And rather than phoning them to find out, is there a former neighbour who'd be able to tell you what's been going on? The executors would be responsible for continuing insurance, and one condition for an uninhabited house is likely to have been a weekly inspection ...