Self probate looks easy but should I get solicitors to do if risk of contest?

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  • Talc1234
    Talc1234 Posts: 273 Forumite
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    edited 20 September 2019 at 5:55PM
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    fred246 wrote: »
    Theses forums always have people posting on them that work in the industry. They charge a fortune for filling in a few relatively simple forms. I had POA for a relative and a solicitor was handling the sale of their house when they died. I had to do probate quickly and was faster than a solicitor would have done it but they made it clear that they wanted to do the work for me (at a large cost of course). I phoned the probate office up and they processed the forms for me immediately on receipt. Very helpful. I remember just saying to the solicitor's "How long does probate take to come through?"."We don't know.""But you're solictitors I thought you would know"."Well we know how long it takes if we send it off but we've no idea how long it takes if you send it off."


    I am not a solicitor nor do I work for the industry. My answer is from personal experience and to help the OP.
  • Talc1234
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    AnotherJoe wrote: »
    Well, i found it so easy i didn't make any mistakes, which in my case means, it was very easy.

    Not everyone gets to choose. My co-executor was a retired solicitor, the job went to his practice. I could have contested but that would have meant me getting a second solicitor which wouldn't have made the job cheaper

    Nevertheless she has been efficient and professional with a fixed fee instead of a %. As the probate valuation was a little higher than expected the assets were just above the death duty threshold. She was able to find tax relief.

    My motivation for answering the OP was to give some personal experience. The arrogance and disdain is unwarranted and unhelp. Please troll somewhere else
  • fred246
    fred246 Posts: 3,620 Forumite
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    Talc1234 wrote: »
    any mistakes on the forms and they will be sent back and you'll rejoin the back of the queue

    Where do you get this information from? It was important for them to act quickly for me and they couldn't possibly have been more helpful.
  • Talc1234
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    fred246 wrote: »
    Where do you get this information from? It was important for them to act quickly for me and they couldn't possibly have been more helpful.

    https://www.thisismoney.co.uk/money/pensions/article-7360831/Bereaved-families-face-massive-probate-delays-months-chaos.html

    https://www.hughjames.com/blog/probate-registry-delays-%E2%80%93-an-update
  • fred246
    fred246 Posts: 3,620 Forumite
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    Oh dear it does sound bad. It was only 2 years ago that I used it. I remember thinking how good a service it was. It was obviously a public service that the tories hadn't got round to wrecking. They've obviously managed to wreck it now. Maybe they still prioritize house sales. It would cause serious mayhem if they didn't. From death to final distribution of all assets was less than 2 months.
  • Cb2020
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    Hi everyone.
    I'm currently a beneficiary of my aunts will. I believe the hole estate including any savings will be no more than £300,00 she as appointed a solicitor to be the executor to deal with everything.
    What I'm concerned about is the solicitor is claiming the be for there services will be in the region of £15000 plus vat. Is this a normal fee? Also any advice on taking over this and dealing with the sale of the property would be appropriated as this as now been going on for 12 month.

    Thank you in advance for any advice
  • Keep_pedalling
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    Cb2020 wrote: »
    Hi everyone.
    I'm currently a beneficiary of my aunts will. I believe the hole estate including any savings will be no more than £300,00 she as appointed a solicitor to be the executor to deal with everything.
    What I'm concerned about is the solicitor is claiming the be for there services will be in the region of £15000 plus vat. Is this a normal fee? Also any advice on taking over this and dealing with the sale of the property would be appropriated as this as now been going on for 12 month.

    Thank you in advance for any advice

    Sounds about normal, but it is a bit late to take over now. Some solicitors will stand aside to let a major beneficiary act as administrator, but as they have started the process they are going to have to finish it.

    Has the house been sold yet?
  • xylophone
    xylophone Posts: 44,422 Forumite
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    Has probate been granted? If so, have you obtained a copy of the will?

    Is the total value of the estate (including the property) around £300,000?

    With regard to the fee, is the solicitor charging a percentage of the estate/a fixed fee/by the hour?

    Are you the sole beneficiary?
  • Cb2020
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    I'm not the sole beneficiary. Myself and my aunt have a 50/50 share. regards what there is in the estate apart from the property we have no idea as we've not been made aware of anything.

    Probate as been granted and all there is left to do is finalis the sale of the property.
    I believe they are charging by the hour and this as now been going on for about a year.
    Would it be possible to cancel the contract with the solicitor and finish it of how self as we've had 2 sales fall through?
  • Keep_pedalling
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    Cb2020 wrote: »
    I'm not the sole beneficiary. Myself and my aunt have a 50/50 share. regards what there is in the estate apart from the property we have no idea as we've not been made aware of anything.

    Probate as been granted and all there is left to do is finalis the sale of the property.
    I believe they are charging by the hour and this as now been going on for about a year.
    Would it be possible to cancel the contract with the solicitor and finish it of how self as we've had 2 sales fall through?

    No you can’t cancel it, you are thot the client your late aunt was. As probate has been granted the probate records and will are now public records and you can obtain copies for a small fee.

    https://www.gov.uk/search-will-probate

    If there is little in the estate other than the property then there can be no distribution until the house has been sold. And the market is somewhat slow at the moment so you will have to be patient.
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