Discussion
I would bin the will writing firm as executors.
If you want to appoint a solicitor to deal with the estate after your father's death then you and your sibling(s) as executors can do that at the time.
Once they have been appointed as executor you'd have to get them to relinquish that right and that may be a royal pain in the arse especially if the firm has folded. The Law Society has a method for dealing with problems like that where law firms or lawyers that are no more have been appointed but I doubt that there is anything similar for will writers.
I think your view about why they include themselves is very likely to be correct and is something you would want to avoid by default. I also think that there is a real risk that it might be a huge pain to get rid of - I would steer very clear of this personally.
If your father is concerned about family fall outs - he'd be better off appointing a more neutral family member or friend.
If you want to appoint a solicitor to deal with the estate after your father's death then you and your sibling(s) as executors can do that at the time.
Once they have been appointed as executor you'd have to get them to relinquish that right and that may be a royal pain in the arse especially if the firm has folded. The Law Society has a method for dealing with problems like that where law firms or lawyers that are no more have been appointed but I doubt that there is anything similar for will writers.
I think your view about why they include themselves is very likely to be correct and is something you would want to avoid by default. I also think that there is a real risk that it might be a huge pain to get rid of - I would steer very clear of this personally.
If your father is concerned about family fall outs - he'd be better off appointing a more neutral family member or friend.
lanan said:
Thanks for the response.
My father has recently passed away and we are now starting to clear the mess.
As beneficiaries, can we have just ignore the Will Co. as executors and get on with the estate ourselves ?
Thanks
Ahh sorry Lanan, I didn't read that from your first post. Firstly I'm really sorry you've lost your Dad, it must be a really tough time for you. My father has recently passed away and we are now starting to clear the mess.
As beneficiaries, can we have just ignore the Will Co. as executors and get on with the estate ourselves ?
Thanks
I studied Probate quite a while ago so I may not be up to date. My understanding is that if the executors are appointed by the Will then they cannot be dropped by the beneficiaries, they must choose to stand down or renounce their rights.
I'm trying to find you some links but the majority of the stuff that comes up is rubbish. Give me a mo.
http://www.hmcourts-service.gov.uk/infoabout/civil...
http://www.hmcourts-service.gov.uk/cms/1226.htm
http://www.direct.gov.uk/en/Governmentcitizensandr...
http://www.purdys-solicitors.co.uk/probate/what_to...
By God there is a load of rubbish out there if you search for Probate!
Have a look at some of the .gov links and see if they answer your questions. You can probably ring someone and ask the questions.
I'd try to dump the will writing folks as soon as you can but you will need advise about how to do that.
Good luck
http://www.hmcourts-service.gov.uk/cms/1226.htm
http://www.direct.gov.uk/en/Governmentcitizensandr...
http://www.purdys-solicitors.co.uk/probate/what_to...
By God there is a load of rubbish out there if you search for Probate!
Have a look at some of the .gov links and see if they answer your questions. You can probably ring someone and ask the questions.
I'd try to dump the will writing folks as soon as you can but you will need advise about how to do that.
Good luck
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