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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 26470
Experience:  Senior Partner at Berkson Wallace
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My father died a while ago and he appointed a friend to be

Customer Question

Hello. My father died a while ago and he appointed a friend to be executor of his will and gift him £5000. He was unable to complete the task of being executor and has since passed the task on to a solicitor. This matter is ongoing . How does this work regarding the gifted £5000 and the solicitor charges please? Regards
JA: Where are they? It matters because laws vary by location.
Customer: United Kingdom
JA: What steps have they taken so far?
Customer: I’m not completely sure but the solicitor is still finalising liquid assets and I believe she applied for probate
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I don’t think so
Submitted: 15 days ago.
Category: Law
Expert:  Stuart J replied 15 days ago.

Hello. Thank you for the question. It is my pleasure to assist your with this today.
I have been in the legal profession, in high street practice, for 30 years so I have wide range of experience in a great many different aspects of law.
Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Expert:  Stuart J replied 15 days ago.

What did your fathers estate consist of please?

Customer: replied 15 days ago.
He had money in his bank, pension plans and some assets such as a car, small coin collection, furniture etc. There was no property as he sold a few years before and then rented .
Customer: replied 15 days ago.
The £5000 is available that is no problem. The friend he appointed executor enquired about the Aviva life insurances, sorted premium bonds, sorted the outstanding bills at the flat (water, gas and electric for example). Logically from my point of view he would still be gifted the £5000 but would be liable to pay the solicitor appointed to complete but I wanted a legal answer thanks
Expert:  Stuart J replied 15 days ago.

If somebody is appointed in a will as executor, they are at liberty to pass the job onto a firm of solicitors to deal with and that money would come out of the estate.

If on the other hand the person was gifted GBP5000 to be executor as opposed to just being gifted GBP5000 and being an executor, then they don’t get the GBP5000 and the solicitor would get it along with any other costs they incur.

So it depends whether the GBP5000 was conditional upon the person being the executor.

An executor is also called a personal representative and if they believe things are best served using solicitors, they are quite entitled to do that and the estate will pay so in effect the beneficiaries pay. However the beneficiaries are not in charge of that, the executors are.

He has no personal liability to pay the solicitor unless the GBP5000 was payment for being executor. If it was then he doesn’t get it but by the same token you doesn’t have to part with any more money I

I imagine this is not the answer you wanted.

Thank you for letting me assist you with your legal question. I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Stuart

Customer: replied 15 days ago.
File attached (5T5M71Q)
Customer: replied 15 days ago.
The £5000 was being gifted pending him being executor
Customer: replied 15 days ago.
does the solicitor get the £5000 or just their costs? Many thanks
Expert:  Stuart J replied 15 days ago.

If he is not an executor then he doesn’t get the GBP5000.

The solicitor gets whatever costs they normally charge.

Expert:  Stuart J replied 15 days ago.

It's my pleasure to help. I’m glad that I was able to help so far.

Thank you for trusting Just Answer with your legal problem.

Can I help you any further with this?

I'm happy to clarify anything which is outstanding. Please don't hesitate to ask.

Kind regards

Stuart

Expert:  Stuart J replied 15 days ago.

Hello again. If you don’t have any further questions, I will mark this question thread as complete but don’t worry, the thread stays open if anything else crops up over the course of the next days weeks or months. I’m glad that I was able to help. Thank you for trusting Just Answer with your legal problem. Kind regards Stuart

Customer: replied 15 days ago.
That’s all thanks
Expert:  Stuart J replied 15 days ago.

Thank you. By the way, if you would like to ask me a new question in the future, (not just clarification on this thread, then please just type @ (the at sign) followed by my name and you’ll be able to select my username to tag me in the question. If you like, you can also put “For Stuart J only” in the question thread and then the other experts will know that it’s for me. You can also tag me as one of your favourite experts. Thank you Kind regards. Stuart