Executor to Will

[counterofbeans]

Well my dad just died and his will names my mum as executor.

No way will she be able to do this so she'll either want me to do it or appoint a solicitor (probably the one who did the wills).

Dad's will is as simple as it could possibly be. Should I accept the task or will solicitor's fees for this be fairly modest?

Any advice gratefully received.

Edited by counterofbeans on Wednesday 21st December 09:59

[OldGermanHeaps]

Solicitors fees are rarely ever modest.

[blueg33]

ot sure, but maybe the executor can appoint you to do the work and just oversee what you do. Will probably need a power of attorney.

Phone a solicitor and see.

I was executor for my father in law's will last year, it was simple will but it takes months to sort out the detail. Executor has a fiduciary duty and carries financial liability in the event of errors. That means solicitor will not be all that cheap, but if you do it yourself pay attention to the detail!

[counterofbeans]

blueg33 said:

ot sure, but maybe the executor can appoint you to do the work and just oversee what you do. Will probably need a power of attorney.

Phone a solicitor and see.

I was executor for my father in law's will last year, it was simple will but it takes months to sort out the detail. Executor has a fiduciary duty and carries financial liability in the event of errors. That means solicitor will not be all that cheap, but if you do it yourself pay attention to the detail!

I already have lasting power of attorney

I don't mind doing it but if it's hundreds of pounds (of fees) I may just as soon not. If it's thousands of pounds then I obviously would.

Just have enough on my plate at the moment!

[sparkythecat]

I've executed a couple of wills. If you've got a logical mind, are organised, literate , enjoy writing letters and are good at record keeping, then executing a will won't be that difficult. It can however be time quite consuming.

This article gives a reaonable overview of what's involved

https://www.theguardian.com/money/2003/nov/13/will...

Edited by sparkythecat on Monday 19th December 10:41

[paintman]

Speaking from experience - MIL a few years ago - if it's simple & no issues are likely with family members then no reason why you shouldn't do it yourself.

[blueg33]

counterofbeans said:

blueg33 said:

ot sure, but maybe the executor can appoint you to do the work and just oversee what you do. Will probably need a power of attorney.

Phone a solicitor and see.

I was executor for my father in law's will last year, it was simple will but it takes months to sort out the detail. Executor has a fiduciary duty and carries financial liability in the event of errors. That means solicitor will not be all that cheap, but if you do it yourself pay attention to the detail!

I already have lasting power of attorney

I don't mind doing it but if it's hundreds of pounds (of fees) I may just as soon not. If it's thousands of pounds then I obviously would.

Just have enough on my plate at the moment!

The lasting power of attorney ends when the person dies. To carry out the role of executor, the executor will probably need to give power of attorney to you, but the executor will remain responsible.

I suspect that fees will be thousands not hundreds unless all the finances are bob on with no debt to be settled, just a few bank accounts and limited savings and insurance

[counterofbeans]

blueg33 said:

The lasting power of attorney ends when the person dies. To carry out the role of executor, the executor will probably need to give power of attorney to you, but the executor will remain responsible.

I suspect that fees will be thousands not hundreds unless all the finances are bob on with no debt to be settled, just a few bank accounts and limited savings and insurance

Well yes I also have lasting power of attorney for my mother.

It's just the house, a few bank accounts and a single investment.

[Red Devil]

counterofbeans said:

Well my dad just dad and his will names my mum as executor.

No way will she be able to do this so she'll either want me to do it or appoint a solicitor (probably the one who did the wills).

Dad's will is as simple as it could possibly be. Should I accept the task or will solicitor's fees for this be fairly modest?

Any advice gratefully received.

She doesn't have to take on the role if she doesn't want to.
Read this - https://www.citizensadvice.org.uk/relationships/de...
and this - https://www.thegazette.co.uk/wills-and-probate/con...
You will have to be formally appointed though. You can't just assume the mantle.

If the estate is as simple as you say (and you need to be quite sure about this) a solicitor is not necessary.
Your mother and you are the only people who can make that decision in light of the facts.
There is no reason why you can't approach a solicitor ask for a fee quote though.
Bear in mind he/she will want sufficient information from you on which to come up with a figure.
You might want to provide him/her with a copy of the will as well just in case.

counterofbeans said:

Just have enough on my plate at the moment!

The job is not complicated, but you will have to find the spare time to do it.
You just have to be meticuluous and keep a full and proper records.
Been there 4 times and have the T shirt. Families, eh. Who'd have em?

In all of them it was fits and starts.
Periods of concentrated activity followed by waiting for others to pull their finger out.
Some needed a lot of chivvying.

As blue33 said the time frame to completion is measured in months.
None of the ones I dealt with were particularly complicated.
The quickest took a little under 4 months to finalise, the longest over 11.

[sparkythecat]

Red Devil said:

There is no reason why you can't approach a solicitor ask for a fee quote though.
Bear in mind he/she will want sufficient information from you on which to come up with a figure.
You might want to provide him/her with a copy of the will as well just in case.

The article that I linked to suggested that solicitors, charge fees by percentage, of the size of the estate, rather than just the amount and complexity of work involved. Rather like estate agents

Edited by sparkythecat on Monday 19th December 15:53

[Red Devil]

sparkythecat said:

Red Devil said:

counterofbeans said:

There is no reason why you can't approach a solicitor ask for a fee quote though.
Bear in mind he/she will want sufficient information from you on which to come up with a figure.
You might want to provide him/her with a copy of the will as well just in case.

The article that I linked to suggested that solicitors, charge fees by percentage, of the size of the estate, rather than just the amount and complexity of work involved. Rather like estate agents

You've mucked up the formatting.
'twas I that said that not the OP.

Fair point though.

However the percentage quoted in the article is where a solicitor is already named in the will.
When someone wishes to appoint one 'after the event' the figure could well be different.
It also doesn't give any indication of what the author means by 'small'.
The only other reference to a small estate is the Probate Division's figure of £5,000.
Nobody in their right mind is going to appoint a solicitor to deal with one of those.

The article does make the very valid point about not naming a profesional executor in a will.
It gives those whom you do appoint the freedom to appoint one if they so desire or feel it is necessary.
The very worst thing you can do is appoint your bank. They are the greediest imaginable.
I have seen how much financial misery they can cause to beneficiaries.

[sparkythecat]

Red Devil said:

You've mucked up the formatting.
'twas I that said that not the OP.

Thanks, didn't spot that.
I've edited it now to sort out the formatting

[Red Devil]

[Drumroll]

When my dad died the will was straight forward, as everything was left to my mum. So although not the Executor between my wife and me we managed to get most things done for mum.(It helped me, because it was something I could do for mum, despite living 200 miles away) Make sure you get several copies of the death certificate, otherwise it really becomes long winded.

When my mum died, I gave a lot of it to the solicitor to sort, could have done it all myself but really couldn't face it.

[Bigbox]

When my dad died unfortunately he'd named a solicitor as executor of the will so using them was unavoidable (or so i believed at the time, not sure if it's true) but once you engage a solicitor the figure mentioned above for straightforward affairs of £5,000 is probably about right. I wish i'd been more clued up at the time because in my view this charge was very excessive and easily avoidable and caused us (the family) additional heart ache at the time thinking that the little hard earned money that my dad had accumulated was being thrown down the drain.

My advice would be to do it yourself and take your time if you can

[tiggerjaguar]

One thing I would most definitely not recommend is to use a Probate Service such as Chorus Law or one of there related companies ( based in Warwick) these are often pushed by banks.

Cost my wife and I a fortune and took 18 months to sort a simple estate.

Google "Chorus Law" or ITC Legal Services

[Gareth79]

I recall that my uncle had named his bank as an executor. We were never quite sure why, he was very careful with money and assumed he intended to ask somebody and change it later. When he died the bank apparently had no problem with it being changed to a family friend (albeit a qualified accountant)

[anonymous-user]

Gareth79 said:

I recall that my uncle had named his bank as an executor. We were never quite sure why, he was very careful with money and assumed he intended to ask somebody and change it later. When he died the bank apparently had no problem with it being changed to a family friend (albeit a qualified accountant)

The last place to go for an executor is your bank. They'll farm most of it out and charge you for the 'service'.

Without a doubt, do it yourself.

[blueg33]

It gets more complicated if over the IT threshold, but still, if you have time do it yourself.

[williaa68]

counterofbeans said:

blueg33 said:

The lasting power of attorney ends when the person dies. To carry out the role of executor, the executor will probably need to give power of attorney to you, but the executor will remain responsible.

I suspect that fees will be thousands not hundreds unless all the finances are bob on with no debt to be settled, just a few bank accounts and limited savings and insurance

Well yes I also have lasting power of attorney for my mother.

It's just the house, a few bank accounts and a single investment.

If you appoint a solicitor as executor in the will the fees will be thousands not hundreds. If your mum takes the appointment and then you help her and hire a solicitor if you need to you could save a lot of money. There is a very good Which? book on being an executor. Unless the estate is complicated it is really all you should ever need. One tip - when you apply for the grant of probate get a few copies - almost everyone you deal with will want one.....