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  • FIRST POST
    • sparkiemalarkie
    • By sparkiemalarkie 13th Mar 18, 10:31 AM
    • 466Posts
    • 149Thanks
    sparkiemalarkie
    What's the best way to find a probate specialist?
    • #1
    • 13th Mar 18, 10:31 AM
    What's the best way to find a probate specialist? 13th Mar 18 at 10:31 AM
    Hi my sister is an executor to a will and now feels unable to carry out the task.
    What is the best way to find a probate specialist?
    Would it help if they were local to the estate or sister?


    How urgent is it to get things underway?


    many thanks


    sparkie
Page 1
    • Rubik
    • By Rubik 13th Mar 18, 10:45 AM
    • 67 Posts
    • 136 Thanks
    Rubik
    • #2
    • 13th Mar 18, 10:45 AM
    • #2
    • 13th Mar 18, 10:45 AM
    Has your sister begun any work on the estate? If she has, then this is known as "intermeddling", and she won't be able to renounce her role as executor. Is there another executor who could carry on with administering the estate? Has probate been granted yet?

    She doesn't need to use a local solicitor to either the estate or her home. The vast majority of solicitors are happy to act remotely, ie by phone, email, post, and some even offer video calls.
    • Mojisola
    • By Mojisola 13th Mar 18, 10:58 AM
    • 29,261 Posts
    • 74,723 Thanks
    Mojisola
    • #3
    • 13th Mar 18, 10:58 AM
    • #3
    • 13th Mar 18, 10:58 AM
    Hi my sister is an executor to a will and now feels unable to carry out the task.
    What is the best way to find a probate specialist?
    Would it help if they were local to the estate or sister?
    Originally posted by sparkiemalarkie
    I employed a solicitor to do the work on my Dad's estate while I stayed as executor.

    I found it useful to use a local firm so that face-to-face appointments were easy and I could drop off paperwork personally.

    Ask around for personal recommendations.
    • Yorkshireman99
    • By Yorkshireman99 13th Mar 18, 11:07 AM
    • 4,152 Posts
    • 3,394 Thanks
    Yorkshireman99
    • #4
    • 13th Mar 18, 11:07 AM
    • #4
    • 13th Mar 18, 11:07 AM
    Hi my sister is an executor to a will and now feels unable to carry out the task.
    What is the best way to find a probate specialist?
    Would it help if they were local to the estate or sister?


    How urgent is it to get things underway?


    many thanks


    sparkie
    Originally posted by sparkiemalarkie
    Unless the estate is complex any local solicitor should be able to do it but the estate will have to pay for it.
    Last edited by Yorkshireman99; 13-03-2018 at 11:55 AM.
    • Mojisola
    • By Mojisola 13th Mar 18, 11:10 AM
    • 29,261 Posts
    • 74,723 Thanks
    Mojisola
    • #5
    • 13th Mar 18, 11:10 AM
    • #5
    • 13th Mar 18, 11:10 AM
    Unless the estate is complex any local solicitor should be able to do it but expect to pay for it.
    Originally posted by Yorkshireman99
    But the costs will come out of the estate - it's not an expense that the executor will be personally liable for.
    • Yorkshireman99
    • By Yorkshireman99 13th Mar 18, 11:56 AM
    • 4,152 Posts
    • 3,394 Thanks
    Yorkshireman99
    • #6
    • 13th Mar 18, 11:56 AM
    • #6
    • 13th Mar 18, 11:56 AM
    But the costs will come out of the estate - it's not an expense that the executor will be personally liable for.
    Originally posted by Mojisola
    Corrected. I should have made that clear. Mea culpa!
    • sparkiemalarkie
    • By sparkiemalarkie 13th Mar 18, 12:22 PM
    • 466 Posts
    • 149 Thanks
    sparkiemalarkie
    • #7
    • 13th Mar 18, 12:22 PM
    • #7
    • 13th Mar 18, 12:22 PM
    Has your sister begun any work on the estate? If she has, then this is known as "intermeddling", and she won't be able to renounce her role as executor. Is there another executor who could carry on with administering the estate? Has probate been granted yet?

    .
    Originally posted by Rubik

    Ah, would my sister have to renounce her role if a solicitor was to take over?


    There is another executor but they are unwilling to take on the task as well.


    Nothing has been done yet except informing the house insurance and booking a date for the funeral.


    Probate has not been granted.


    sparkie
    • Yorkshireman99
    • By Yorkshireman99 13th Mar 18, 12:31 PM
    • 4,152 Posts
    • 3,394 Thanks
    Yorkshireman99
    • #8
    • 13th Mar 18, 12:31 PM
    • #8
    • 13th Mar 18, 12:31 PM
    Ah, would my sister have to renounce her role if a solicitor was to take over?


    There is another executor but they are unwilling to take on the task as well.


    Nothing has been done yet except informing the house insurance and booking a date for the funeral.


    Probate has not been granted.


    sparkie
    Originally posted by sparkiemalarkie
    The executors can renounce or reserve powers if they appoint a solcitor. Whoever has arranged the funeral is liable to pay but may be able to reclaim from the esate subject there being sufficient funds. If an over elaborate funeral is arranged then the estate might not refund the full cost. What has been done so far is not intermeddling but the executors need to be careful that they dont do any more.
    • Mojisola
    • By Mojisola 13th Mar 18, 1:29 PM
    • 29,261 Posts
    • 74,723 Thanks
    Mojisola
    • #9
    • 13th Mar 18, 1:29 PM
    • #9
    • 13th Mar 18, 1:29 PM
    Ah, would my sister have to renounce her role if a solicitor was to take over?

    There is another executor but they are unwilling to take on the task as well.
    Originally posted by sparkiemalarkie
    No, she can employ the solicitor to do the work but stay as executor so she will be the one to sign off on all the paperwork.

    The other executor could refuse to be an executor or could just reserve their powers - if anything happens to your sister before the estate is settled, he/she could step in, again using the solicitor to do the work.
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