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Probate process question: beneficiary order and renouncing as executor
I’m an executor (along with my sister) of my late grandad’s estate. A firm of solicitors is also named as a professional executor.
I haven’t seen the will yet as we’re still waiting for the death certificate, but the solicitors have sent draft probate forms which list the beneficiaries in the following order:
-a church
-a former carer
-me
+my sister
There are no values or details given at this stage.
I’m trying to understand two things before doing any estate administration:
Does the order beneficiaries are listed on probate forms usually indicate who is inheriting the most, or is it simply administrative / the order they appear in the will?
If it turns out that my sister and I inherit very little, do we have the option to step back and allow the solicitors (who are already named executors) to handle the full administration of the estate, with their fees paid from the estate rather than personally?
At this stage, is it still possible to renounce or reserve power as executors if we haven’t yet started administering the estate?
I want to make sure I understand my position and options before committing to a large amount of practical work.
Any advice from those with probate experience would be appreciated.
Comments
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if you are joint executors the simple solution would seem to be to get a copy of the will from the solicitor before you decide any next steps.
as long as you haven’t intermeddled, there is nothing to stop you renouncing or reserving powers after doing that.
All shall be well, and all shall be well, and all manner of things shall be well.
Pedant alert - it's could have not could of.1 -
costs and expenses of an estate are paid from estate residue, and therefore borne by whoever benefits from residue after pecuniary legacies have been settled.
You have not seen the will yet and presumably unsure of the gross estate value, so a bit early to decide on your course of action. Get a copy of the will then decide.
0 -
It is likely that the church and former carer have been given set amounts or percentages and you and your sister are the residual beneficiaries.
If that is correct and you and your sister inherit the bulk of her estate you might like to ask the solicitor to renounce.
0 -
And my understanding is that they ought to agree to do so, unless the estate is clearly very complicated or there are file notes about why this ought not to happen.
You may find that the solicitors expect you to do a certain amount of legwork anyway - what's in Granddad's bank accounts, dealing with his personal effects (which you might well want to do anyway, at least up to a point!) If you decline, they'll have to, but they'll charge for it.
But until you've seen the will, you're not in a position to make any decisions, so ask them to send you that. Frankly surprised they did not do so, unless they assumed you knew what was in it already.
Signature removed for peace of mind0 -
As beneficiaries are not listed on Probate forms what you have been sent is presumably the solicitors own internal paperwork. You definitely need to see the Will and if you are executor then ensure you are fully included in the process.
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No official way - case of guess work - did they own a property?
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How much does it cost you to get the solicitor to renounce?
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It cost us £450 in solicitors fees November to get the solicitors practice named as one of the executors on my father's will to renounce. There is no fee from the Probate Office to submit details of any renunciations.
The PA17 form that they needed to fill out must have taken all of five minutes to compete. I could have filled it out myself, save for their signatures.
It left a bitter taste given all the business they have had from several family members over the years.
But I don't know what happens if the solicitor refuses to renounce, or as may well be the case above, starts to work on the probate without any discussion or agreement from the other named executors.0
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