Choosing an executor

Solicitors will perform this role (and charge it to your estate).
When our children wre very small, the lawyer who drew up our wills was named as Executor. Now the children are adults, they are the executors.

Some banks also perform this service; they have a whole department that just manages wills and estates, very efficient.

Siolicotors and banks both charge for the service (taken from your estate )

What I learned from Dad is to leave a complete list of pensions, bank accounts, investments and details of your property. That made my life so much easier as his executor.
He also left me a list of people to notify, a map to his favourite bench for some of his ashes, his favourite music and a lovely autobiography. I was able to plan a lovely funeral from all the information.
I have now made a folder up with similar info for me and DH for my children.

I would avoid solicitors. I have been executor for both my Mum and Sister and providing you make sure the executor has a list of everything you own and bank accounts it is not a huge job.

DonaldS1

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.

And for that reason (in the UK at least), if you decide to go down the solicitor route, choose a young(ish) solicitor.

My parents have outlived the solicitor they chose as executor/trustee.

It is always an option for an executor to just use a solicitor for specific tasks, rather than have executive powers.
My local solicitor gave me a free half hour of advice, which was invaluable, then I did Probate myself, though I did use him to do a new will for me and also the legal work regarding the property.
There is so much guidance online, on gov.uk, and excellent threads on MoneySavingExpert.

Nightsky2

Our two sons are our executors, they are both solicitors.

Great as long as they agree on everything, if they don’t another solicitor will have to referee.

Not really a serious comment

Our two sons are our executors, they are both solicitors.

I have 3 executors - my 3 children.

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.

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!

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.

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.

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.

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.

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 .

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.

Are you in Cheshire? mabon1

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!

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.

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!

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.

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.

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.

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

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

Me too.