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Alternative legal advice paid by executor account

(5 Posts)
seoladair Mon 16-Feb-15 10:17:50

DH is uncomfortable with some aspects of the estate for which he is an executor (one of 2).

He would like to get the executor account to pay for a second legal opinion, as he can't really afford to do so himself.

The person who holds a life interest in the estate has been involved in all of the discussions with the present solicitor. This person is pushing for a deed of variation to be performed to alter some of the will in their favour.

DH would like to discuss this with a new solicitor. Will his co-executor (who is close to the person who wants the deed of variation) regard this as an unusual request, or is it quite normal and unremarkable to seek a secind opinion?

BathTangle Mon 16-Feb-15 10:23:25

DH has done this and was advised that it perfectly acceptable because both executors are legally and financially liable for decisions made and therefore both are entitled to advice on their own part, paid for by the estate. It was not a comfortable discussion but it has been accepted by the other executor. Note: I am not a lawyer!

seoladair Mon 16-Feb-15 11:14:07

Thanks BathTangle.
And would DH be required to explain to the other executor precisely what he is unhappy with, or would it be enough just to say that he needed a second legal opinion?

BathTangle Mon 16-Feb-15 22:08:54

I'm not sure - I suspect that it depends on how awkward the other executor is! The other lawyer provided DH with all of the reasoning for why he was entitled to his own advice.

seoladair Wed 18-Feb-15 18:38:11

Thanks Bathtangle. I emailed our solicitor with some questions about how to approach the other executor but no reply has been forthcoming as they are waiting for us to advance money to them (fair enough, as they made clear at the first meeting that that was how they worked)

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