Will / Probate question

Don
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I'm helping a friend sort things after his father passed away

I've sorted probate before and was pretty easy and not worth paying to have it done, that time I was the executor

I've looked at the will on this one and the solicitors that made the will are listed as the executors

Does this mean the probate has to be done by them (obviously want to avoid this as it's paying money out that really isn't needed) or can his son apply?

Thanks
 
Are there any other Executors listed?
If not, the solicitors are the Executor and they will be reluctant to give up the £000's of fee income by letting someone else do it
Unless the solicitors can't or won't act, the role should be performed by them

If there are other Executors, it should be done jointly with the solicitor and it can be agreed who does what, and therefore limit the solicitor's role and fees

IANAL
 
Can't help with most of your post I'm afraid, however a word of warning on Probate... there is currently a massive backlog. My Mother has been waiting 14 months for it complete for a relative.

It's been raised in parliament several times already.

I hope it's a faster process for your friend.
 
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14 months? That seems really long. We're just going through my grandmothers now and were advised it could be 16 weeks. Though her other Will will likely be closer to 14 months.
 
Can't help with most of your post I'm afraid, however a word of warning on Probate... there is currently a massive backlog. My Mother has been waiting 14 months for it complete for a relative.

It's been raised in parliament several times already.

I hope it's a faster process for your friend.
Odd, my brother just did 1 and it took 4 weeks
 
Are there any other Executors listed?
If not, the solicitors are the Executor and they will be reluctant to give up the £000's of fee income by letting someone else do it
Unless the solicitors can't or won't act, the role should be performed by them

If there are other Executors, it should be done jointly with the solicitor and it can be agreed who does what, and therefore limit the solicitor's role and fees

IANAL
No others, seems he can get some document (deed) which allows him to take over, he has an appointment with them tomorrow
 
Odd, my brother just did 1 and it took 4 weeks

Well that's certainly interesting to hear, thanks. We had been told 4 times it was due to the backlog and at the begining of the process were told it would take a minimum of 6 months.

Time to push a bit more then.
 
Well that's certainly interesting to hear, thanks. We had been told 4 times it was due to the backlog and at the begining of the process were told it would take a minimum of 6 months.

Time to push a bit more then.
I've just done my uncles who passed away last July and I got probate last month so 5-6 months for us
 
I've looked at the will on this one and the solicitors that made the will are listed as the executors

Does this mean the probate has to be done by them (obviously want to avoid this as it's paying money out that really isn't needed) or can his son apply?

We handed off execution of my aunt's will to solicitors. Unless you can successfully challenge the will, then yes, they have been appointed to do the work by the testator.


Basically your friend needs to keep tabs on the solicitors to ensure they are doing a good job. Do be aware of hidden complexities like the Office of the Public Guardian, having to evict a tenant, and more. Also, do understand that the administrators and executors are personally liable. Does your friend really want to do it himself?
 
How long probate takes to be granted, from date of aplication is pretty much pot luck ... having been through it twice in the last 4 years it really just depends on the size of any backlog at the time.

On the other question, I can give some insight..

With My dads will, a firm of solicitors were named as executors... and I was the only beneficiary. Thier fees were a little pricey and they said this to me:

I hope all of the above is clear however when we spoke initially I confirmed that we would not be obstructive if you decided you would rather deal with the probate application and the administration of the estate yourself and therefore if you wish to proceed along these lines, I will prepare the necessary deed of renunciation to renounce 'ourselves' as executors in your late father’s estate and the fee for preparing such documentation will be £500 plus VAT.

I opted to just let them handle it, as there were some hissy fits by other potential claiments against the estate, so in retrospect, it worked out for the best, even though thier final bill came to about 5k.

With my grandmothers estate, I am named executor, but I have taken on a different solicitor to do all the admin and final accounts, although I remain executor...they have said:

At this early stage in the matter I would estimate that if no unexpected difficulties arise it will cost between £4,000 and £4,500 plus VAT plus £273 and £1.50 per official copy and £2.00 plus VAT bankruptcy search for each beneficiary and £3.75 special delivery fee. This is just an estimate however and should the matter become more difficult than initially envisaged the estimate will be amended to cover the increased work.

Its not finalised yet but they say they are still on target with the initial estimated costs.

A lot really depends on the value of the estate... if the estate is several hundreds of thousands then 5k in legal fees might be a good idea to palm off the admin to a solicitor if you are finding it stressfull/ don't have time etc. it also provides a little layer of insurance, as if the solicitor cocks something up with the accounts or whatever, it's kind of on them, rather than you.

Basically, if solicitors are named as executors in the will, then they legally have to deal wth it
. They can choose to renounce thier executorship, (usually only if you are the sole beneficiray, or by far the largest beneficiary), but they will charge a fee for that as they have to renounce thier responsibility legally, via some sort of court application.
 
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It would be pretty shady for the solicitor not to renounce as executor if that was the clear wish of the beneficiaries.

Normally, they will, see my post above.

But if theres any potential contention/arguments between beneficiaries, they have a legal duty as executors to do things properly and remain neutral.

And renouncing as executors is a legal process, so there will be a fee attached to that.

Mostly 'it depends' ,,, if the estate is complex, of high value, or there is potential for arguments, the solicitor is under no obligation to renounce... they are duty bound as executors to 'do things properly'.
 
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But it’s not about the beneficiaries. The solicitor has been instructed to act, no-one else. From their pov, not acting is not in line with their client’s instrcutions
If the beneficiary is clear and the estate is straight forward it's hard to argue letting the beneficiary execute the will is against the wishes of the testator.
 
If the beneficiary is clear and the estate is straight forward it's hard to argue letting the beneficiary execute the will is against the wishes of the testator.

Yeah absolutley... but being an executor comes with strict legal responsibilities, and executors (named in the will) can be held personaly financially liable if they do not carry out the task correctly, so if the executor happens to be a solicitor, its often because the deceased wanted a neutral 3rd party to administrate things, to save family members fighting over things, or accusing the executor of any kind of foul play if the executor is also a beneficiary, or even just to take the stress out of it a bit for the beneficiaries..

In a straightforward estate, there's no reason a solicitor (as executor) would refuse to renounce thier responsibility, as long as they are satisfied there is no contention, but of course they will charge you/the estate to do it, as there is a legal process that has to be followed in order to renounce the responsibility of executorship.
 
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Yeah absolutley... but being an executor comes with strict legal responsibilities, and executors (named in the will) can be held personaly financially liable if they do not carry out the task correctly, so if the executor happens to be a solicitor, its often because the deceased wanted a neutral 3rd party to administrate things, to save family members fighting over things, or accusing the executor of any kind of foul play if the executor is also a beneficiary, or even just to take the stress out of it a bit for the beneficiaries..

In a straightforward estate, there's no reason a solicitor (as executor) would refuse to renounce thier responsibility, as long as they are satisfied there is no contention, but of course they will charge you/the estate to do it, as there is a legal process that has to be followed in order to renounce the responsibility of executorship.
Mostly agree, although you can't be held liable for anything just for not agreeing to be an executor/renouncing.

I do think in some cases solicitors get made executors not because anything is particularly complex or contentious but just because they offered to be and the testator trusted them. That can be a poor reason (literally!) for the beneficiary.
 
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Yes, but you cannot be named as an executor in a will without your consent, you have to agree to take on that responsibility.

If you are named as an executor in a will without consent or knowledge then that's a different matter.
 
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