My mother recently died having left a will that names solicitors as executors and trustees. My sister and myself are sole beneficiaries of the will and wish to administer the estate ourselves because of the very high fees we have been quoted for what are non-legal functions. Can the solicitor refuse to renounce the executor role or agree to renounce for a high fee. Mary XXXXXXXX
Probate will be required because of the cash value of the estate, approx 60k. There is no property involved. My mother was in Care/Nursing Homes for the last 31/2 years of her life and my sister held Power of Attorney over her financial affairs.
Thank you for your response and now I am confused.
My understanding is that a Executor has a responsibility to ensure that the wishes of the deceased as outlined in the will are carried out, AFTER, all liabilities have been cleared, including their own fees.
Carrying out my mother's wishes amounts to writing 4 cheques once all monies have been paid into the Executor for ???? - Deceased. As I write this note the Executors (Solicitors) are unable to apply for Probate as they cannot complete the forms and do not have the financial, or insurance information necessary to get a value on Date of Death.
The solicitor involved has told my sister that the fees will be £196.00 per hour with no indication of how many hours, and they want to charge a % of the estate total to get the Probate through. We have no recourse on their fee charges and the estate will not be released to beneficiaries until all debts are paid. My mother will turn in her grave. This is totally outrageous. There are countless self-help publications on Probate and no legal qualifications are required.
Perhaps we have come across the unscrupulous' solicitor and this is why I seek advice.