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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10175
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Please can you help, the Solicitor that my mother elected a

Customer Question

Please can you help, the Solicitor that my mother elected a sole executor of her Will has agreed with my brother & sister to set aside £2500.00 for grave stone work. My mother was buried in my father's grave and there was stone work existing. I have not been consulted by the solicitor to ask if this is ok with me, and I find the sum of money extravagant to add my Mother's details to my Father's grave. Is a Solicitor within her rights to act in this manner & if so could the sum be double or more?
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.

Aston Lawyer :

Hello there,
As sole Executor, the Solicitor is solely entitled to make all decisions relating to your Mother's Estate, and therefore does have the right to withhold this sum of money, without consulting you for approval.
However, I am sure she is just erring on the side of caution (rather hold back too much money than too little).

Aston Lawyer :

Please be rest assured that once the Estate is ready to be finalised, you, as Beneficiary (I am assuming) will be entitled to see copies of all Invoices paid, so you will be able to check how much the stone work cost.

Aston Lawyer :

I hope this answers your qustion, and if so, I would be grateful if you could leave positive fedback.

Aston Lawyer :

Kind Regards

Aston Lawyer :

AL

JACUSTOMER-j2nzw0rj- :

What I am at a loss to understand is if I have not agreed or been consulted, and have just been informed of spending of what I think many people would consider to be a lot of money (£2500.00) to add my mother's name to my father's grave, I ask the question, is the executor acting correctly to arrange to spend this sum of money without asking my opinion on the matter?

JACUSTOMER-j2nzw0rj- :
JACUSTOMER-j2nzw0rj- says:
12:18 AM

What I am at a loss to understand is if I have not agreed or been consulted, and have just been informed of spending of what I think many people would consider to be a lot of money (£2500.00) to add my mother's name to my father's grave, I ask the question, is the executor acting correctly to arrange to spend this sum of money without asking my opinion on the matter?

JACUSTOMER-j2nzw0rj- :

What I am at a loss to understand is if I have not agreed or been consulted, and have just been informed of spending of what I think many people would consider to be a lot of money (£2500.00) to add my mother's name to my father's grave, I ask the question, is the executor acting correctly to arrange to spend this sum of money without asking my opinion on the matter?

Aston Lawyer :

Hi again,
Sorry for the delay in replying, but I had gone to bed by the time you replied.
I was not saying you should "agree" or be content that the work may cost £2,500- what I was saying is that as sole Executor,the Solicitor is the only person who makes the decisions in administering the Estate, and even though it is your Mother's Estate, I'm afraid you have no say whatsoever on this issue.

Aston Lawyer :

If your Mother had decided/wished to appoint you as Executor then you would have had full responsibility and say on this matter, but for whatever reason, she choose to appoint the Solicitor.

Aston Lawyer :

As I said in my original answer, I am sure the Solicitor is just making sure that this £2,500 more than covers the cost, and you will eventually get to see the stonemasons Invoice to confirm the actual cost. Holding back £2,500 does sound slightly excessive to me, but I'm afraid there is nothing you can do to query/dispute this, as the Executor is not under a duty to get your consult.

Aston Lawyer :

I am sorry this is not what you want to hear, but I am here to set out the legal position.

Aston Lawyer :

Good luck.

Aston Lawyer :

Kind Regards

Aston Lawyer :

AL

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