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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33514
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Why would a solicitor that has been appointed as an executor

Customer Question

Why would a solicitor that has been appointed as an executor in a will discuss 'renouncing probate' with the personal representative of the deceased?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
Usually it suggests that the estate has insufficient funds to justify the cost of a Professional executor - whose fees may well exceed the net estate
Please ask if you need further details
Clare
Customer: replied 2 years ago.
Hmm, I don't think that is the case. I saw this on their statement of work provided as part of the fee quote, so perhaps this is just a standard item on the list. Could it be anything else?
Expert:  Clare replied 2 years ago.
Hi
Really?
It is part of their itemised bill?
How much did they charge for it?
Clare
Customer: replied 2 years ago.
No, it was shown on an itemised statement of works that showed what they would do within the fee quoted. The items were not individually priced up.
I would understand better if I understood better the role of the 'personal representative' in this scenario. Who are they actually representing? Is it the beneficiaries as a whole? And how is a personal representative 'chosen'?
Expert:  Clare replied 2 years ago.
Hi
I fear this could be called "padding the quote"
The Personal Representative would be one of class of people who could apply for Letters of Administration if there was no Will - so the closest living relative.
So yes it could be said that one question could be - are there enough funds to make probate necessary and worthwhile....but it is likely to be a short discussion
Clare
Customer: replied 2 years ago.
So in our case, the role of Personal Representative has no particular powers and duties, over and above any of the other siblings/beneficiaries?The quote is addressed to "the personal representatives of XXXXX" and the work schedule says that an interview with the personal representatives has already taken place.
Expert:  Clare replied 2 years ago.
Hi
That is correct - all in the same "class" of beneficiaries - say "children of the deceased" have the same rights unless one of them is named as an executor
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33514
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Sorry, one more thing. I assume that it would not be possible for the sibling with power of attorney to persuade a firm of solicitors that they (the sibling) should take over as executor, even though the will appointed the solicitors to that role?
Expert:  Clare replied 2 years ago.
Hi
No it would not be possible
Clare

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