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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8549
Experience:  I have been practising for 30 years.
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I am Enduring Power of Attorney stepmother, aged 86yrs

Customer Question

I am Enduring Power of Attorney for my stepmother, aged 86yrs old and in a nursing home, and with dementia. I note in her will that her solicitor has set it up so two partners in their company are Trustees, and i have no imput. I believe I should have been a trustee or executor. Is it possible to change this. A friend of mine recently paid £12,000, to his mother's solicitor who had set up a similair arrangement. Her estate is worth about £400,000. Could you advise me.
Thank you
Submitted: 7 months ago.
Category: Law
Expert:  F E Smith replied 7 months ago.
Thank you. What is it that you want to know about this? How to get rid of the solicitors as the executors and trustees? Have they done anything wrong at this stage?
Customer: replied 7 months ago.
No, nothing wrong, I think this was poor advice for my stepmother, and clearly the solicitors will benefit from this and the money spent on them is not necessary, and basically can I alter this.
Expert:  F E Smith replied 7 months ago.
Unless the solicitors will agree to stand aside, even a court application to remove them will not be successful unless you can prove that they have done something wrong and they are not acting in the best interest of the beneficiaries. It is true that the solicitors generally try to insert themselves as executors because then they also get paid for administering the estate but the court looks at it that your mother wanted these people as executors otherwise she would have changed the will or not made them executors in the first place and it is not for the court to overrule the decision. It has already been to court and been decided that the only reason for removing solicitors in circumstances like this is if the solicitors have not done their duty. The financial consideration of appointing free of charge executors or the family doing it themselves is not something the courts get involved in.I’m sorry that the answer is unfavourable for you.Can I clarify any points arising from this?Please do not forget to rate the service positive. It’s an important part of the process so but experts get credit for their time.Best wishesFES

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