Executors

[PJPJ]

My mother passed away a few months ago. She left some inheritance in different savings accounts. There are three executors and 5 beneficiaries. I am an executor and beneficiary. There is also a house to sell. We have been granted probate. My problem is one of the executors does not want to use a solicitor to distribute the will and I think it is a lot less complicated and safer to use a solicitor. He now says I can appoint a solicitor at my own cost and it mustn’t come out of the estate. We are at a stalemate if I don’t agree. He wants to distribute the estate himself to save money but I don’t fully trust he will do an excellent job. Has anyone got any advice on this please. Thank you in advance.

[Mal161]

The estate assets should be held in an executor account from which distribution can be made. The executors have to agree the accounts and if they are in order, the the distribution by the executors should be in order and no need to engage a solicitor for that. Have the accounts been approved by all executors acting?

[PJPJ]

Hi Mal161 thanks for your reply. The only information I have is how much is in the different accounts. None of us have approached the banks or building societies yet as we can’t agree on the method of distribution. I would be worried if some of the money got stolen by a scammer or was incorrectly distributed.

[PallasAthena]

As an executor I wouldn't want to pay a solicitor just to distribute the cash held in the savings accounts, especially as you have completed the more complex part , obtaining probate.

Not unless we the sums of money involved are very large or there is some financial complexity that isn't apparent in your post.

Did you use a solicitor to obtain probate?

Selling the house is a different matter
.

[PJPJ]

Thankyou for your reply. We did use a solicitor to obtain probate. The sums of money is significant and I think a solicitor would be insured against loss?

[Mal161]

So, as you have already obtained Probate, the executors should have set up a joint executor bank account so that all the estate, when sold can go into it, The account should be that distribution can only be by all the executors agreement and not distributed unless that is agreed. If there is a falling out, which would be very costly for the estate and less for all of the beneficiaries and very lucrative for the solicitors in costs.

The solicitors would only be able to cover any loss if it can be proved that they were in some way negligent. It is the legal responsibility of the executors to administer the estate and Probate is only obtaining permission to move forward for the executors. The solicitors should have advised you of the details

[PJPJ]

Thanks for the reply.