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Do I need to use a solicitor?

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  • Do I need to use a solicitor?

    I am appointed as Executor in a will. I have notice that the last point written in the will says, " the Solicitors to be employed in connection with my estate shall be xxxxx but without prejudice to the right of my Trustee to consult or employ any other Solicitor should he/she so desire." The intentions of the will when written was that the Executor did not have to engage a solicitor unless the Executor felt it was necessary. So am I tied into using the solicitor because the above phrase has been written into the will?
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  • #2
    Is there potential sale of land in the estate?
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Originally posted by Rosel View Post
      I am appointed as Executor in a will. I have notice that the last point written in the will says, " the Solicitors to be employed in connection with my estate shall be xxxxx but without prejudice to the right of my Trustee to consult or employ any other Solicitor should he/she so desire." The intentions of the will when written was that the Executor did not have to engage a solicitor unless the Executor felt it was necessary. So am I tied into using the solicitor because the above phrase has been written into the will?
      There is no potential selling of land in the estate.

      Comment


      • #4
        AfaIk, an executor should, as far as is possible, carry out the wishes in the deceased person's will.

        But I'm no expert (although I'm a co-executor atm.)

        Peridot

        des8

        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #5

          If you are sole executor, and the will is straight forward (other than that clause!) do you need to employ a solicitor?
          The will seems to state that the solicitor named is to be employed, whilst if you wish you can also employ an additional solicitor.
          Why you would wish to use two solicitors however is beyond me.

          Look forward to Peridot comment

          Comment


          • #6
            Hi Rosel,

            So in the executor clause the person who died has not stated the solicitors should be your co-executors? If they are included in the executor clause, then it would suggest the person wished them to be appointed. However, even if they had been appointed and the estate is straightforward with another executor able to deal themselves, then solicitors can and potentially should renounce their executor appointment as they have a duty to the residuary beneficiaries to maximise the estate as far as possible. When you consider the fees that could be charged this is something any appointed solicitor executor should bear i mind. Of course there are situations where the deceased is quite certain they wish solicitors to act, often if an estate is either complicated or there are issues with the family for example.

            If they are not named as executors, the wording appears to suggest that you use the named solicitors if you need to. The wording goes onto say 'consult or employ' In my opinion these are two different things. Consult is just that, it would imply you can seek advice rather than instructing a solicitor to deal. If you wished to seek some advice or instruct solicitors to deal then a firm has been suggested but you also have the option to 'consult' (obtain advice) or 'employ' (instruct them to do the work) your own choice of firm too.

            I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I 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


            • #7
              Originally posted by Peridot View Post
              Hi Rosel,

              So in the executor clause the person who died has not stated the solicitors should be your co-executors? If they are included in the executor clause, then it would suggest the person wished them to be appointed. However, even if they had been appointed and the estate is straightforward with another executor able to deal themselves, then solicitors can and potentially should renounce their executor appointment as they have a duty to the residuary beneficiaries to maximise the estate as far as possible. When you consider the fees that could be charged this is something any appointed solicitor executor should bear i mind. Of course there are situations where the deceased is quite certain they wish solicitors to act, often if an estate is either complicated or there are issues with the family for example.

              If they are not named as executors, the wording appears to suggest that you use the named solicitors if you need to. The wording goes onto say 'consult or employ' In my opinion these are two different things. Consult is just that, it would imply you can seek advice rather than instructing a solicitor to deal. If you wished to seek some advice or instruct solicitors to deal then a firm has been suggested but you also have the option to 'consult' (obtain advice) or 'employ' (instruct them to do the work) your own choice of firm too.
              Thank you - that has made things a lot clearer. :-)

              Comment

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