Appointing a solicitor as executor to a will

FindingNemo15

Thanks for all your input.

I am really stressing about this. Everything is left in trust to my GC and charity. I did not realise that contents were not disposed of in a sensitive way. I feel as if I mentioned them in a will it would be pages long.

The solicitor said it would cost between £5,000 and £10,000 depending on how long it all took. How would anyone know if they do not spin things out.

The beneficiaries entitled to the contents of the house which are not specifically mentioned in the will can direct the preferred means of disposal. The executor is responsible for obtaining as much money for these items as possible if they are to be sold. A good house clearance firm will know what is saleable.

Incidentally, however long it takes isn’t a matter of spinning things out, it’s how much time is spent on the matter, which will be recorded.

1987H2001M2002Inanny

Our solicitor died last year and we received a letter from a company saying all his records are being stored and do we want our will returned to us. We were given a copy when we wrote our wills. We assume that the probate office have a copy but do we need a new solicitor to act as executor as we don't want to deal with it ourselves.

There is no central registry holding copies of wills that have not yet gone through probate. If the deceased solicitor was the sole executor then yes, you should appoint a new executor. The new firm who wrote to you has very probably acquired the practice but it is possible that the practice had little value and has simply been closed and another firm - the one which wrote to you - has been appointed by the Law Society to take over existing case files and documents held.

Appointing a solicitor does increase costs but it takes the burden and the hassle away. When I was in practice the norm was to appoint ‘all the partners of the firm at the date of death, so that the situation you have encountered doesn’t arise. Everyone but the probate partner taking on the estate will then renounce probate - as I have done many times.

Not wanting to be morbid @findingnemo, but some people do “ death cleaning “ in their last years/ decade to reduce the burden on their heirs, just keeping the stuff they really need and want. I certainly wish my late dad had done that, but not a chance, he was a hoarder so I inherited about 3 generations worth of stuff to sort.
www.nbcnews.com/better/health/what-swedish-death-cleaning-should-you-be-doing-it-ncna816511

1987H2001M2002Inanny

Our solicitor died last year and we received a letter from a company saying all his records are being stored and do we want our will returned to us. We were given a copy when we wrote our wills. We assume that the probate office have a copy but do we need a new solicitor to act as executor as we don't want to deal with it ourselves.

Usually a solicitor sells their practice to another when they retire solicitor takes on the cases. That’s how I was co executor for my dads will, with a solicitor he’d never met ( and who refused to renounce, I wanted to handle it all myself to save money). If your solicitor died unexpectedly, I would think you need to ask around to see who is taking his cases on.

Our solicitor died last year and we received a letter from a company saying all his records are being stored and do we want our will returned to us. We were given a copy when we wrote our wills. We assume that the probate office have a copy but do we need a new solicitor to act as executor as we don't want to deal with it ourselves.

Thanks for all your input.

I am really stressing about this. Everything is left in trust to my GC and charity. I did not realise that contents were not disposed of in a sensitive way. I feel as if I mentioned them in a will it would be pages long.

The solicitor said it would cost between £5,000 and £10,000 depending on how long it all took. How would anyone know if they do not spin things out.

If it’s a simple estate you don’t need a solicitor, if there are many investments and property involved you will need solicitors services to some extent.

However if you appoint solicitors or indeed a bank to do everything, sorting through paperwork and clearing the house it will get expensive. Best bet is appoint a trusted friend or relative, who will then find whatever help they need when the time comes.

If you are talking about a fait accompli i.e. a will you know of that has a solicitor appointed, then I would keep a close eye on them, chase etc depending on the type of firm and their reputation. Also, a lot depends on size of estate, type of beneficiaries and quite honestly the experience of the main beneficiary. Wills can produce a lot of bitter rancour if difficult people are involved. Indeed, I know of an estate where a very difficult beneficiary felt very entitled so a solicitor had to be called in to use the weight of the law to deal with them. If a simple estate, it can be carried out by a trusted person but if more complex i.e. property o'seas etc, a solicitor will be needed. I learnt a lot executing estates but also saw another side to people I did not expect, especially after a loved one has passed away.

If you have no family then it is sensible to appoint your solicitor as sole executor . If you do this you must make sure you that your every wish is written in the will . What you want done with the contents, what happens to any pets , car and house sale. Exactly where the money from your estate is to go. Plus exactly what sort of funeral you want and if you are to be buried or cremated .If you already have a burial plot then you have to let them have all the details including the deeds to the plot same with what to do with your ashes. You may have a plot for them or just scattered. If you have a pre paid funeral you need to let the solicitor have a copy of your paperwork plus let the funeral home know who is your executor.

My friend is having to do this as she has no family. She cancelled her appointment when I said about how to make things water tight. She hadn't thought she would have to make so many decisions. Re booked her appointment. With everything she wanted written done so nothing is missed.

She is making her solicitor her attorney for both lasting powers of attorney. Had to tell her she must let her solicitor have in writing exactly what she wants regarding DNR and when to inforce it.

Luckily my daughter is my executor and both my daughter and son in law are my attorneys for both lasting powers of attorney.

When making a will you need to make sure it is exactly as you want it. And did you know anyone who thinks they have a claim on your estate can do so up to 2 years after you die. So make sure it's watertight.

Yes it's expensive to use a solicitor but it gives you peace of mind everything will be done according to your wishes.

My mother also did it - he looked after the financials but we did all the practical things like clearing out the house. I can understand people doing it like that, even though it's a bit expensive. My dearest friend is executor for her brother's will, and she is having terrible problems with his estate and the beneficiaries.

My mother had appointed a solicitor to be the executor of her Will .It was very costly but it was completed efficiently. My siblings and I cleared what we wanted from the house, nothing of great monetary value as valuable items had been allocated to family members in the will. We also asked relatives and friends to take anything they wanted. Then a company was appointed by the solicitor to clear what was left . It was a large house and it took them two days . We were told what didn’t go to auction would go to charity, the rest would be recycled. It was costly but worth it . This was over three years ago and I still have boxes of photos and pictures to sort ! A lot has happened over these years …

My mother in laws Will named a solicitor and a daughter in law as executors. As I understand it the daughter in law decided on the house contents and appointed an estate agent for the sale. The solicitor dealt with paperwork and the division of assets sending letter to the benefactors. He also dealt with an objection to the Will.

I dealt easily with my fathers tiny estate, there was no property to sell, our sons are named as executors in our Wills alongside a surviving spouse. From life experience I think involving a solicitor can be helpful if a Will is controversial in any way. It’s all personal choice and yes, solicitors fees can be costly

Don't do it.
You still have all the work to do, they just spin it out and take forever.
I've be executor on my parents and in-laws estates and done the whole lot myself including probate. It's not difficult.
Family always have to clear and sell the house. Solicitor only does paperwork.

When my grandmother died there was a solicitor appointed as her executor. The will stated that the house was to be sold and the proceeds divided between her daughters. However the entire contents was left to me. I had to organize a house clearance pretty quickly because my aunts were anxious to sell up. It was a lot of hard work but it taught me a lot about the antiques trade because most of my gran's possessions were antique and vintage.

Since I had a fair idea of what had a value I got a representative in from Christies who had recently opened an auction house in the area. They were very helpful in pointing out what was worthwhile sending to auction. So far as the more mundance stuff was concerned I had a lot of it removed to a storage unit and later sold it at local antique fairs. For the everyday bric a brac I got in a house clearance guy of the type who will completely empty the place.

Agree with Floradora very expensive way to do it. I have done it a couple of times and if evryone is friendly and there are no tricky things then I would not use a solicitor.

I would assume that they will bring in a firm of house clearers, who will agree a price for the contents of the house and then sort through and dispose of the contents as best they can, to get the money they paid back and make a profit. Furniture and anything saleable will probably end up at auction rooms, while the rest will be tipped. House clearers do not sort through to see what can go to charity shops before tipping.

They are a very expensive way to do this service. Ask what they charge .

The executer only makes sure the terms of the will are carried out it’s recipients who will decide on what’s to be done unless it’s specified in the will itself.

I’m sorry but I don’t have an answer for you, Germanshepardsmum would have given you a response (ex solicitor) but she has disappeared. Does anyone know what has happened to her?