Solicitor named in will - can I use someone else?

[Hawk Eyye]

Hi all,

I hope someone can help me with a little advice. Following the recent passing of my mother I am taking the first steps to execute her will (I am the sole executor and trustee).

The will has a clause inserted as follows - "I with the firm of XXX solicitors of XXX to be employed in connection with my estate and if at the my death the firm no longer exists I wish the firm which carries on it's practice to be so employed"

I am trying to understand how enforceable this is as the firm still exists but I would like to use an alternative. I spent the last 6 months trying to get them to call be back to help make a change in the will my mum wanted (not in my favour) which they never did meaning the change was not made. Fortunately I know what she wanted and can arrange this on her behalf. Further to this the same firm executed the will and probate on the passing of my farther for my mother and through a series of events and non attention managed to make this a 2 year process. Also I don't live in the area and think it may be easier to employ a solicitor local to me.

Anyway, you didn't need to know all that but I would greatly value any suggestions or advise on the effectivity of the clause in the will and my options if there is anyone that could help.

Many thanks in advance,

John

[atticus]

That is a wish. You are free to instruct whichever solicitor you choose.

I can however understand their not contacting you about changes to your late mother's will.

[Hawk Eyye]

I can however understand their not contacting you about changes to your late mother's will.

Thank you for the response, very much appreciated.

I would be interested in your logic behind the statement above though if you would share as if I'm being over critical it would be good to know. While my 2 experiences with them have not been good, they did probate and managed the will when my dad passed transferring things to my mum, so in my head somewhere this feels like it might give them a head start in this case.

Many thanks again - John

[Pezza54]

Your reason for not wanting the solicitor named in the will is because they took 2 years to transfer your father's estate to your mother, an unreasonable amount of time unless there was a good reason. You also said the solicitor failed to return your calls over a 6 month period. Why would you want to proceed with this solicitor?

[PallasAthena]

Unless your father had a financially complex estate - eg overseas assets, trusts, disputed/litigated will - I doubt that having dealt with your father's estate would give them any head start in dealing with your mother's so I wouldn't let that influence your decision.

There's no requirement to appoint a solicitor, you could do it yourself.

[atticus]

Did your mother give the solicitors authority to discuss her will with you?