Solicitor named as executor on my friends fathers will but has now left the practice.

[Columbarius]

Good evening, and thank you in advance for any help that you may be able to provide. I hope that I'm posting in the correct area.

My friends father passed recently. He drew up a will in 1993 with a local solicitors practice, naming his daughter, (my friend) and the solicitor who was drawing up the will as joint executors. Since there is a house to dispose of within the estate, she is informed that his affairs have to go through probate, even though his estate does not reach the current financial ceiling. My friend visited the solicitors practice to discuss this and was told that the solicitor named on the will has now left the practice. They informed her that they will have to contact him to request that he rescinds his role as executor. Whilst this seems reasonable, they are suggesting that there will be a charge for this service, which to me seems a little harsh. Is it not an administrative issue that has arisen through their failure to contact my friends father when the solicitor originally left the practice? Should he ever have been named personally?

[atticus]

Tell them that they would be unwise to suggest a charge.

[ULA]

A person making their Will has the option to name either a specific solicitor or the law firm. In this case your friend's father chose to name the specific solicitor who drafted the Will rather than the law firm.

However my understanding is that the firm itself may take over the responsibilities. The firm can appoint another qualified solicitor to act as the executor, ensuring that the estate administration continues smoothly.

atticus do you have a view on my final paragraph?

[atticus]

Sorry, no. I am not up on the finer details of probate practice. The exact terms of the particular provision in the will are probably important.

Is the particular named solicitor unable or unwilling to take up the appointment?

My earlier comment was only slightly flippant. I do not understand why some solicitors are reluctant to make a small investment in time to ensure goodwill and help get the instruction.

[Columbarius]

Thank you for your thoughts everyone. I fully agree with the sentiment expressed. It would certainly be unwise to ruffle her feathers at this early stage. Since they haven't offered anything in the way of offering responsibility at a practice level, it leaves my friend in a position where she could simply shop around. If they wish to be offered the case they need to act with a little more dignity. Thank you once again for the prompt responses.