Solicitors Costs re: Executors duties...

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bons80
bons80 Posts: 4 Newbie
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in Deaths, funerals & probate
Hi, just wanted to check this out. I was named executor on my fathers will alongside the solicitors who drew up the will. I'm happy to sort everything myself but had to go see them. When they found out there weren't enough assets to cover their costs (told me £1,100 approx) I said I'd do it all myself - need to get probate and sort out house registration. They said they'd need to get their head of probate to agree to renege(?) their right to be co-executor. Got a call back later that day to say that was fine and I'd have to come in and collect the original will…and I'd need to sign a form that would cost £100 plus VAT! Can't say I'm very happy about that as I'm fairy broke after other things to pay out…is this a reasonable fee to charge for something like this?

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  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    edited 9 April 2018 at 11:14AM
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    bons80 wrote: »
    Hi, just wanted to check this out. I was named executor on my fathers will alongside the solicitors who drew up the will. I'm happy to sort everything myself but had to go see them. When they found out there weren't enough assets to cover their costs (told me £1,100 approx) I said I'd do it all myself - need to get probate and sort out house registration. They said they'd need to get their head of probate to agree to renege(?) their right to be co-executor. Got a call back later that day to say that was fine and I'd have to come in and collect the original will!!!8230;and I'd need to sign a form that would cost £100 plus VAT! Can't say I'm very happy about that as I'm fairy broke after other things to pay out!!!8230;is this a reasonable fee to charge for something like this?
    Not outrageous but ask them to allow payment when the estate is settled. You should not have to pay out of your own pocket. Creditors will just have to wait. until the house is sold, Banks will usually pay the funeral costs direct to the undertaker.
  • Savvy_Sue
    Savvy_Sue Posts: 46,022 Forumite
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    Is the estate definitely solvent? ie more in it than required to pay out for funeral and other debts?
    Signature removed for peace of mind
  • SevenOfNine
    SevenOfNine Posts: 2,357 Forumite
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    The solicitors have agreed to renounce. Ordinarily now you would complete the probate application form & for Q3.7 you would say who the co-executor is & why they are not applying - in your case renouncing.

    After the forms are sent off, the probate office will send you another form for the renouncing executor to sign.

    What is it they are trying to charge £100 for now? Surely not merely collecting the stored Will original? We got our MiL's back from solicitor for free 2 years ago, & same for FiL's in February.....free.

    You should ask more questions about this fee, don't want to find you have to pay that, then pay more for them to sign the probate offices additional paperwork when it arrives later as well.
    Seen it all, done it all, can't remember most of it.
  • Flugelhorn
    Flugelhorn Posts: 5,578 Forumite
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    you mention house registration, is there a property in the estate?
  • bons80
    bons80 Posts: 4 Newbie
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    Thanks for the replies. There's only £1000 in cash left. His half of the house is left to me, other half is with my mother who still lives there.

    Maybe the £100 fee is for this?!!!8230;."After the forms are sent off, the probate office will send you another form for the renouncing executor to sign."

    I will ask exactly what it was for when they ring me next!!!8230;.amazing how easy it is to forget whilst having to sort all this stuff out!

    Thanks again for the replies and if it's still not clear when I speak to them I'll be back.
  • bons80
    bons80 Posts: 4 Newbie
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    The fee is for the Deed of Renunciation so I'm guessing that's a standard fee. Thanks again for the replies.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    How much is 1/2 the house worth?

    Is there a life interest.

    £100 is potentially cheap to get them out the way.

    The alternative is a debt against the house due to lack of cash.

    Solicitors won't want that.

    Check the other will.

    If the house was owned by both of them you should not need probate to make the transfers into the correct legal owners.
  • bons80
    bons80 Posts: 4 Newbie
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    Yeah, I'm just paying them to get them out of the way. I'll sort the rest. Half the house is £60 -£75k The house was jointly owned but they don't have joint tenancy so I need probate to put my name on the deeds from what I've read so far.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    bons80 wrote: »
    Yeah, I'm just paying them to get them out of the way. I'll sort the rest. Half the house is £60 -£75k The house was jointly owned but they don't have joint tenancy so I need probate to put my name on the deeds from what I've read so far.

    keep reading the death certificate takes the name of the deceased of the records and the sole owners can add new ones as long s someone else is act for the beneficial owners.
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