Unsure whether to sign solicitor's contract

[Player456]

When my grandad died, my nan didn't need probate, until she died. Simple!

We thought the same when dad died, but his will is more complicated.

Mum arranged to see a solicitor and asked me to go along for support (and because she hates getting on buses or going out alone).

I've been sent a contract by the solicitor, as has mum. My sibling (we three are all executors), hasn't. When I queried why they hadn't got one, I was told it was due to my mum and I attending and commissioning them.

This is fine, but I simply cannot afford it. Mum had a joint account with dad and has 30+ K in the bank, but I'm struggling enough day to day (haven't been able to afford a pair of trousers for DD for the cold weather as her uniform is expensive).

Of course mum will pay it, no question, but what if something happened and she didn't? I don't know what to do.

Sorry for your loss

Ultuimately if you want the solicitor to act for you, you will need to pay them. I don't think that obtaining probabte and sorting out a will is terribly complicated, can you do it between you and not bother with a solicitor?

Ask your Mum to transfer you enough money to cover the bill?

Ask the solicitor if just your Mum can sign?

Ask the solicitor when fees will need to be paid.

I’m guessing the contract is a letter of engagement stating the likely fees for acting for you? This would be quite standard.

If you are concerned about costs you could first ask them if there’s any scope for a reduction (never hurts to ask, this often works). Then ask for a fee cap so they cannot charge you above a set amount. Also you could ask them to advise you on a weekly basis of what the current fees are so you or your mother could set the funds aside, or ask them to stop acting for you and just send you everything they’ve done to date if it gets too much. Remember they are acting for you so can’t do anything unless you tell them to, or agree that they can do it. Finally you could just have your mother sign and you not, that would mean she would be the only one invoiced, but also that she would have to give all the instructions and answer all their questions etc., which might be hard for her. Ultimately, they need to be paid for their time, but you do have a little control over how much time they spend.