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Executor problems

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  • Executor problems

    Id be so grateful for advice, I am distraught by how I have been made to feel.............. my father passed, only a week ago. My fathers estate is simple, organised, I had POA so his flat was already on the market as I was in the process of collecting his money together to pay for care fees when he died. He has two bank accounts and one investment account and under the IHT threshold. I did not have a copy of the Will but I did now I was atleast one of the executors. So approaching the solicitors for the original Will was when I found out they were joint executors with myself with just me and my sister as beneficiaries. I met with the Solicitor executive on Friday, 45 mins where I felt bullied, railroaded and she didnt give me chance to catch breath and absorb what she was saying. She didnt read through the Will with me, or my sister who was not invited to the meeting. She didnt explain its meaning either, albeit a simple will. She informed me that she charges £325.00 an hour plus VAT and estimate fees for my dads estate would be £3,000.00 excluding VAT and disbursements. Pleae bear in mind that I had informed all relevant bodies at this point including bank and the one stop shop serice, registered death, everything. I was horrified! she told me she didnt charge for emails so not sure what she is charging for. it then transpired, well, she told me that I CANNOT use anybody else for conveyancing and can only use her/her firm, she specialises in probate and conveyancing. I had already instructed a firm that I had used before, are efficient and do not charge fees if the sale falls through. She did not inform me about her conveyancing protocols other than the cost which is the same as the firm i had already instructed. Please bear in mind this lady is a consultant Solicitor in a firm of Solicitors and by my understanding is self employed? therefore surely she is using my dads estate and forcing her services on me for her own personal gain.

    I am asking her to renounce and telling her I do not want to work with her, my sister as signed as beneficiary as she is not happy and the professional relationship has broken down............its only been a week!! ....leterr went today, with copies to the guy who made the will and the head solicitor in the firm. Anybody had any success with this. Surely she cannot force her conveyancing services on me, can she? I am devastated by my dads death and feel I am being taken advantage of , it is leaving a very very bad taste in my mouth. It is not her money and whilst it 'may' had been my dads 'wishes' , which I question, I believe he was advised to use them and myself as my sister lived in another country at the time. It was made 18 years ago and their fees have risen hugely. My father, without a doubt, if he knew the upset I was feeling and the cost , would be fumming

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  • #2
    Hi Willow50,
    Iím so sorry for your loss. It must be really hard at the moment.
    So the Will appointed the solicitors as coexecutors with you? The issue is that your father appointed them for whatever reason to deal with his estate so in the usual course of things they do have a say on who will deal with the sale of any property. Unfortunately the power of attorney ends when you father died and the executors become the holders of the keys so to speak.
    If an estate is straight forward some solicitor executors will consider renouncing and allowing the other executor to deal with the estate but this will also depend on your fatherís wishes at the time he made the Will.
    As a consultant solicitor they are still part of the firm of solicitors that have been appointed so they donít receive the fees themselves.
    Have you discussed splitting the work between you as you say you have gathered most of the information yourself or asked them to step down? It is their decision whether to as appointed executors but worth asking.
    If they remain executors then they do have a sayon who deals with any conveyancing Iím afraid.
    I am a qualified solicitor and am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

    Comment


    • #3
      Originally posted by Peridot View Post
      Hi Willow50,
      Iím so sorry for your loss. It must be really hard at the moment.
      So the Will appointed the solicitors as coexecutors with you? The issue is that your father appointed them for whatever reason to deal with his estate so in the usual course of things they do have a say on who will deal with the sale of any property. Unfortunately the power of attorney ends when you father died and the executors become the holders of the keys so to speak.
      If an estate is straight forward some solicitor executors will consider renouncing and allowing the other executor to deal with the estate but this will also depend on your fatherís wishes at the time he made the Will.
      As a consultant solicitor they are still part of the firm of solicitors that have been appointed so they donít receive the fees themselves.
      Have you discussed splitting the work between you as you say you have gathered most of the information yourself or asked them to step down? It is their decision whether to as appointed executors but worth asking.
      If they remain executors then they do have a sayon who deals with any conveyancing Iím afraid.
      Thank you and yes I am also an executor, I will never agree to use them as conveyancers, not in the best interests of the estate, the firm I use dealt with my house purchase, are efficient and only charge disbursements if sale falls though. I have asked them to renounce, surely a ballsy lawyer who wants to work with clients who do not, just smells of a pay cheque for them. My dad, without a doubt, used them as executors as it was 18 years ago, the norm and I was the only daughter living in the country and if i have no say as joint executor then whats the point in my name being in the Will........its like an investment policy for lawyers, I am pretty disgusted to be honest. Deliverance and transparency is key and this firms deliverance was nothing but pushy and bullish, they are afterall dealing with people who are grieving and should not take advantage. do you not think. Thank you again for help it is much appreciated.

      Comment

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