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Legal, pensions and money

Choosing an executor

(33 Posts)
DonaldS1 Wed 28-May-25 18:57:30

I need to really get serious about getting my trust/will in order.
The problem is, I don't have anyone I want as executor. Not that family is incompetent or dishonest. It's more a matter of interest and financial acumen. How have some of you solved the executor problem when you really weren't comfortable with a family member taking it on?

Thanks!

Maria59 Wed 28-May-25 19:18:29

You could name your solicitor as executor

M0nica Wed 28-May-25 20:04:44

You can have more than one executor, why not choose a family member and the solicitor?

keepingquiet Wed 28-May-25 20:55:11

I would advise against the solicitor only executor- I have heard some difficult stories if left exclusively in their hands.

CanadianGran Wed 28-May-25 20:55:59

You could ask a notary, they would do it for a fee that might be less than a solicitor.

Charleygirl5 Wed 28-May-25 23:01:20

I have no family, so I asked a neighbour whom I know well and a separate friend. To thank them, I have left each some money in my will.

CV2020 Thu 29-May-25 08:23:02

My solicitor is my Executor. My kids live too far away and after having been the Executor for both my parents I found it was a lot of work and very time consuming. Although I had no issues doing it.

David49 Thu 29-May-25 09:02:34

If you are not confident about family or friends appoint a firm if solicitor's as co executors in many cares you will need a solicitors help anyway.
Family member can do all the leg work and the solicitor. approves it.

fancythat Thu 29-May-25 09:09:43

keepingquiet

I would advise against the solicitor only executor- I have heard some difficult stories if left exclusively in their hands.

Me too.

fancythat Thu 29-May-25 09:13:03

One was from our Accountant.
He said that the Solicitor for/of a family member's will, was actually giving wrong financial advice, even with the Accountant involved!

Though I have written before on here, how I dont rate some of the professionals in our small rural town.

keepingquiet Thu 29-May-25 09:24:34

David49

If you are not confident about family or friends appoint a firm if solicitor's as co executors in many cares you will need a solicitors help anyway.
Family member can do all the leg work and the solicitor. approves it.

In the case I know of the solicitor over-rode the wishes of the family and there was nothing they could do about it...that's why it rang alarm bells for me.

mabon1 Thu 29-May-25 14:48:34

Yes indeed, solicitors, they can be dodgey!
A dear friend of mine a solicitor was sent to prison for fraud and theft. I simply could not believe he was the same person with whom I had been friendly for so many years.

IamMaz Thu 29-May-25 14:53:29

Solicitors can charge an awful lot for being an executor. My late naive mother thought her solicitor was doing it out of the goodness of his heart!!! He ended up charging a fortune and taking an absolute sage to sort anything out.
I would suggest you look into the charges.

meddijess Thu 29-May-25 14:57:30

My daughter is a Private Client solicitor, and acts for a lot of people who do not have anybody that they want as Executor. Not all solicitors are dodgy!

knspol Thu 29-May-25 14:59:42

CanadianGran

You could ask a notary, they would do it for a fee that might be less than a solicitor.

In the UK you'd have to find a notary first. I had to travel almost 30 miles one way to the nearest notary to have a form for a US company witnessed. They would not accept a solicitor as witness even though they are obviously much more highly qualified.

shoppinggirl Thu 29-May-25 14:59:50

You could always appoint two family members as Executors who could then pass the legal admin to a solicitors practice of their choice. Executors could collate your papers which they then pass on to the solicitors. Speaking to a friend yesterday, their late father appointed solicitors as Executors who are charging 10% of the total estate. Appointing your bank costs about the same!

Georgesgran Thu 29-May-25 16:16:07

Are you in Cheshire? mabon1

RillaofIngleside Thu 29-May-25 16:16:25

10% of the total estate sounds outrageous. Most of my friends have paid between £2000 and £8000 depending on the complexity of the estate. I did mum and dad's both myself. I paid £47 (5 years ago) to Which Legal. That gave me unlimited hour long phone calls to help me with the form filling and any other issues, a brilliant service.
But certainly would not have signed up for 10% of the estate.

Mauduit24 Thu 29-May-25 16:18:07

I would avoid having either your solicitor or your bank involved as executor. I have seen first hand what happens when they decide to over ride the deceased wishes . After all they have a vested interest as they will be getting paid to manage your estate.
I have been executor for both of my late parents estates .
Everything was straightforward I only used the solicitor to manage the probate process for me . Everything else was relatively straightforward.
Everything was settled fairly easily as well .

Madmeg Thu 29-May-25 16:22:34

I was an accounts clerk to a one-woman-solicitor firm years ago, who is still a good friend (and very competent and honest). However, her main work was conveyancing and debt-collecting which is highly competitive in the legal world (i.e. every Tom, Dick and Harry can do it) so she charged much much more to act as an Executor.

I have also heard a lot of scary stories about solicitors getting it wrong, making it drag out etc.

I would suggest appointing a generally honest and competent person (not necessarily a lawyer) - or two to share the burden and they can approach a solicitor re any difficuties. Or indeed an accountant if the problems are tax-related.

RillaofIngleside Thu 29-May-25 19:10:35

I did the probate myself as well, it wasn't a problem. The banks were all very helpful. But the estates were straightforward apart from a trust for my stepfather, which the solicitor managed to do wrong (they lost the trust deed - the only thing they'd had to actually do!). It was lucky that we all got on and agreed with each other.

Cabbie21 Thu 29-May-25 20:34:49

My late husband appointed three of us as his executors. One “reserved powers” as she lived at a distance. I have done almost all the work. Not difficult but very time consuming. I would still have had to find all the paperwork even if a solicitor had been appointed executor. I have had all the work of sorting through and selling his collections. I dread to think what a solicitor might have charged.
Essentially, depending on the complexity of the estate and possessions, all an executor needs is a clear head and lots of time.

DonaldS1 Sun 01-Jun-25 19:56:25

Ok, something I just learned. This is a UK based site! Solicitor is not a term used in the US. And I have neither a lawyer (US term) or accountant that I trust.

It sounds like the consensus is, "Use family anyway".

The other issue I have is, that almost all the family is my age or older. So assuming I hang in there, 10 years from now I'll have the same issue.

I really do appreciate the feedback and advice, it's very helpful in my thinking process about this.

Witzend Sun 01-Jun-25 20:06:44

mabon1

Yes indeed, solicitors, they can be dodgey!
A dear friend of mine a solicitor was sent to prison for fraud and theft. I simply could not believe he was the same person with whom I had been friendly for so many years.

A solicitor neighbour of ours was banged up for fraud and money laundering!

Jaxjacky Sun 01-Jun-25 20:35:10

My mother’s estate was a significant amount, the solicitors bill was less than 1% of the total.
My daughter is an executor as is my husband, he is a few years younger than me.