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Ask Clare Your Own Question
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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An Executor named on the deceased's Will provides written

Customer Question

An Executor named on the deceased's Will provides written notice to decline to act as such and the three Beneficiaries applid to a Company of Solicitors LLP to take on the work to 'wrap up' the deceased's (their mother) estate.
The Company then assigns one of their Partner solicitor's to execute the work.
Question 1: Is the Company and / or the assigned Solicitor the Executor, or just an Administrator?
Qu 2: For the closing "Estate Accounts", should the assigned solicitor's name be noted as the author of the document (normal practice for any report generated by myself as a professional engineer as well as Company name) or just the Company's name, &etc?
Qu 3: Can the closing "Estate Accounts" be legally signed (i.e. transfer of Solicitors responsibilities) with the statement: "...(name) the Personal Representative of the estate (name of deceased) deceased, hereby acknowledge that the above accounts are a correct and true statement of the accounts relative to the administration of the Estate" with zero, zilch, no supporting evidence of the financial figures / values noted in closing "Estate Accounts"?I hope this method of multi qu will be acceptable as I feel one-by-one will b somewhat disjointed, but I can redo if required.
Thank You
David
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help you1. Since they were not named as Executor they could not apply for Probate but instead applied for Letters of Administration and are the Administrator2. No they would be signed with the firm's name3. Yes this is the correct way of doings thingsPlease ask if you need further detailsClare
Customer: replied 1 year ago.
Hello Clare,
Apology for late response, China is 8 hours ahead of UK and I was asleep when your response came in :-)
Ref Qu 1: The solicitors were not named as executors, but they did apply for and were granted Probate.
Does that make a difference or would that have been as Administrator for the estate?
Ref Qu 3: Interesting. The signing by a non-legal person that third party accounting is 'correct and true' without evidence / review of full declaration of the billings, &etc., related to the account, must surely be fraudulent? It is also the transfer of the onus off responsibility for the third party accounting.
The account had five (5) errors, including same name mis-spelling, a debit omission and basic accounting addition to name three!
Please comment
Many thanks
David
Expert:  Clare replied 1 year ago.
Hi david1. No it makes no difference - they applied for Letters of Administration with Will attached.3. No the beneficiaries are simply being asked to approve the accounts as being accurate so far as the distribution is concerned - if there are mistakes simple say soClare
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Hello Clare,
To me, there is a big difference between "...accounts are a correct and true statement of the accounts relative to the administration.." and "...accurate so far as the distribution is concerned... ".
The first statement include for all debits and credits whereas the latter refers only to distribution.
To give me peace of mind, could you please advise how the approval for distribution, as against accuracy of the accounting, should be written?
I feel they should be written up as two entities with the accounting section, the responsibility of the solicitors, shown as a definitive split.
Sorry for the trouble,
kind regards
David
Expert:  Clare replied 1 year ago.
Hi DavidI do appreciate that for you it is different but it in terms of the administration of the estate it is not.If it would make you feel more secure you can add the words"based on the information disclosed to the beneficiaries" which would be accurate and descriptiveClare
Customer: replied 1 year ago.
Thank you very much again Ms Clare
I do appreciate your time and clear and very rapid responses.
kind regards
David
Expert:  Clare replied 1 year ago.
Hi
You are most welcome
Clare

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