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Solicitor is one of the executors on the will, how little do they actually have to be involved and what can they charge for?

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mathremuk | 16:19 Sun 12th Dec 2010 | Civil
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My gran recently passed leaving me, my brother and her solicitor as executors on the will. Myself and my brother are the only beneficiaries.

I would personally like to deal with everything myself as I spent the last year off work nursing her while she died so I am currently out of work with a lot of free time. My brother is also happy for me to do everything as he is at uni and very busy.

I firstly do not want the solicitor taking a percentage of the estate if I can do most things myself.

So what does the solicitor actually HAVE to do? There is no IHT and I have all the bank and estate documentation. Can I apply for probate. Will the solicitor contest this?

What can they charge me for? I have just sent a letter asking them to renounce their position but I expect they wont. Can they charge me everytime I send a letter like this?

If it turns out I can apply for probate myself then I am guessing I will need their signature on things. Will they charge me for this and what is an average charge?

Also I have a copy of the will at home but will they charge me for asking for the original will to send for probate? I have never used a solicitors before but hear all the fleecing stories so I am just trying to get my bearings before I approach them. Also this particular solicitors had a dodgy employee i the 1990's who stole £800 from my aunts estate which gives me more reason not to want to use them!

Thanks for any help, much appreciated. In death it seems everyone is out to rip you off!

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Unfortunately, as the solicitor has been appointed as an executor under the Will he is both entitled to act and to charge for doing so. You have done the right thing in asking him to renounce but you cannot force him to do so. I have no idea whether they will charge for the different things they ask - they are entitled to charge for any work they do. If you can persuade...
16:34 Sun 12th Dec 2010
Math to answer your other question (above - sorry was out at shop and screen had not refreshed), they can "fight" it and insist on playing a full role in the administration. However, you as executors are all equal and they cannot get the Grant over and above your brother. They cannot insist on running the administration either.

Practically though, you could try and agree a compromise. Ask them to renounce, but still submit the papers for the Grant on your behalf (OK this will still result in a charge) and you will naturally instruct them for the sale of the house etc etc.

Incidentally, if it is not a large estate and they think there might be trouble, many will drop it like a hot potato.......
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Yes it is an LLP.

Does anyone know if they will fight me to do the probation application?
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sorry, didnt see page 2!!! :)
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Its under IHT and both me and my brother are the only inheriters and the other executors. We both are in agreement we want them to do as little as possible so it would be two against one if that will aid us :)
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I see what you are saying but its such a shame that they have to be involved at all since myself and my brother are not at war with each other and trust each other fully. In my letter to ask them to renounce I requested that we wished them to stay on board as advisors so hopefully they will see that as a meet in the middle situation. If not then my next letter will be something like myself and my brother have agreed we shall be applying for probate and can you please send us your fees on advisory meetings and any fees you may charge for your signature when it is required in this process. Do you think that would be ok or should I approach it differently?

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