Probate / Inheritance - cost of Solicitors ??

[LDN]

Trying to find out for my other half.

An estate that is relatively large but not overly complex: I’m talking 11 properties, mix of Home, second Home, commercial and Land; and 12 vehicles, plus assorted bits and bats.

All assets are accounted for. i.e there is no investigative work needed. All loan companies and bank accounts known. Vehicle Registrations and mileage’s are known, etc etc.

Overall value; perhaps 4 Million...

What ballpark figure will a solicitor charge for organising this / probate?

[LDN]

Willia68; I want to thank you for your response. I truly appreciate the help and some ballpark figures. Thank you.

Since writing my original post; we’ve delved deeper. Because the will was made a long time ago; the executor was a solicitor at the firm that also seems to assume that we will use them.

We have asked the honest question; which is... if we want to go with another firm who will be cheaper AND if we want the solicitor, who is executor, to stand down as executor; can we do that... the executor has gotten quite nasty - and (possibly assuming that my partner is naive) has said that we must use him and his firm! Which I believe to be absolute bks. And the fact he’s said that, makes us want to not have anything to do with them.

£300 per hour is their rate; with no breakdown of assumptions and potential work load - given that we’ve said we WILL arrange RICS valuations ourselves and get other assets listed and valued... not sure what they’ll be doing other than filing the HMRC ‘stuff’ which my accountant will do for a fraction of the price.

Can the beneficiaries request that an executor (appointed many years ago) stand down? Why would the executor in that situation refuse to??

[LDN]

The Leaper said:

After the death of the person who wrote the will, an executor can only be removed via Court proceedings.

Before death, removal can be achieved simply by writing a new will or adding a codicil to an existing will.

R.

Thank you. So the executor cannot be removed other than via Court? Is there no discretion on the executors part - in as much as; the beneficiaries are all on the same page and happy with the will; there’s nobody waiting in the wings to cause any hassle or the like. Why would the executor not stand down if he knew that the will is to be honoured. I know that the executor is basically acting for the estate / and not the beneficiaries.

It’s just that in this case; the executor needs to sign off on things and play a part in a few processes along the way; and this particular chap is never about - he’s on holidays / breaks and is generally not very helpful.

He’s also insisted we use his firm for the legal work / HMRC stuff - which I find offputting. He’s not offered up any other options and when pressed has simply said his firm must be used.

[LDN]

The Leaper said:

You are underestimating the legal responsibilities of the executor. Also, as it's a firm of solicitors they will be well aware of their strong position and the seriousness of having them replaced through the Courts. Of course, any executor can resign at any time but it looks like this is not going to happen easily in your case.

R.

Thank you; I feel that I'm getting a better understanding of this. But for this executor to insist that we use his firm; when we have a law firm that we use more often; is more effective and is cheaper - is wrong, no? Can he insist that we use his firm?

[LDN]

Hmmm; it’s a tough one. It seems that there’s little wiggle room.

It’s news to me that the executor can choose any firm he / she wishes to... in this case; of course; he’s choosing his own firm. That’s news to me... as I’ve been told now that removing the executor can be difficult, unless they simply agree to stepping down - but that the beneficiaries can choose any firm they wish to complete probate and deal with HMRC etc. I do get the angle that it wouldn’t be necessarily the right decision given heel dragging and the inefficiency of the back and forth...

Is it true, then, that the executor can choose any firm he or she wishes? If so, I do find that bizarre.