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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 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 3 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 3 years ago.
Hi
Really?
It is part of their itemised bill?
How much did they charge for it?
Clare
Customer: replied 3 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 3 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 3 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 3 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 and other Family Law Specialists are ready to help you
Customer: replied 3 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 3 years ago.
Hi
No it would not be possible
Clare

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