Solicitor's fees for sorting out will

[almalm]

Name changed for this.
My Dad died last year and his solicitor was named as the executor in the will.
The net value of the estate according to the grant of probate I downloaded online (solicitor did not send me this) is approximate 80000 pounds. The gross value is 3000 pounds more. The solicitor says this is for funeral expenses which actually haven't come out of the estate as I paid them. Is this normal?

The solicitor says his fees are going to be in the region of 10000 pounds. I had no idea it was going to be that much. He says 3% of the estate plus all his work at 200 an hour. By my reckoning that would be around 35 - 40 hours work. Again, is this in the correct ballpark? There wasn't anything particularly difficult about the estate. All savings were in the same place - National Savings. There was one life insurance policy to cash in and apart from that the solicitor had to deal with one utility company.
I suppose I was a bit naive but I have no idea if this is correct or if he is maybe taking advantage of me being in another country.
He says the information was in the "client care letter". I never received it and told him this. Then he said he'd have to see why I didn't receive it. I don't think it was sent to be honest.

I asked him if he had paid the charities named in the will yet and he ummed and ahhed and said "I think so".
I just feel something is a bit off and wondered if anyone can suggest anything.
He also told me the amount I saw in the grant of probate might not be the final amount - it's just how much he declared to them.

I don't know what I should be asking him or where to go from here.

Rather unprofessional. That is why it is always a bad idea to name a solicitor as an executor as it then leaves other executors the opportunity as to whether they need a solicitor and if so, choose one

My dad had a similar sized estate and there was quite a lot of work needed to sort things - debts and what have you. They charged about 4 grand - five years ago. So it sounds way too much to me.

A professional executor cannot charge whatever they want regardless of the work involved. Ask to see their complaints procedure and formerly raise it as a complaint and tell him that you are going to ask to have the file taxed (this means that a costs draftsman will review the work done and say how much it should have cost. If they won't follow their complaints process you can take it to the Solicitors Regulation Authority and/or the Legal Ombudsman. The procedure is all on the Law Society website.

@redastherose
Thank you for that. That is very helpful.
Should I do this now or wait until he has paid out the rest of the estate minus his fees? The problem is I am concerned that if I start a procedure now I might never see the rest of the money or it might be delayed several more months.

He's right that it's a moot point, because technically the executor is the client.

Did the will contain a charging clause entitling the executor to charge for their services?

Ask for their complaints procedure now. Whilst he Executor is technically the client he cannot charge whatever he wants and particularly can't charge a percentage of the estate plus his hourly rate if that wasn't something the testator agreed in advance the fees have to be reasonable in the circumstances.

Did the will contain a charging clause entitling the executor to charge for their services?
No, it just said "I appoint SOLICITOR X as my executor"

Whilst he Executor is technically the client he cannot charge whatever he wants and particularly can't charge a percentage of the estate plus his hourly rate if that wasn't something the testator agreed in advance the fees have to be reasonable in the circumstances.
I don't know what my father agreed with him. It was probably never spoken about.
He has provided more information on what made up the fees. There was the percentage of the estate and the rest of it was for ca. 4 hours work plus answering and writing letters. He listed how many of each he had done. Don't want to give exact numbers here.

The charging clause is usually at the end of the Will so won't be where it appointed him as Executor. Read the whole Will. If there isn't a charging clause he won't be entitled to charge his fees at all I don't think, just out of pocket expenses like any other executor, but it would be really unusual for there not to be one included in the Will.

I would request the complaints procedure in any event as it will put him on notice that you won't be just accepting what he says. I would imagine that if he commonly charges a percentage of the estate with clients that agree to his terms then he may have an argument to say that is his standard agreed terms of business but I think he would have to prove that in any professional investigation (taxation of the file or review by the STA or Legal Ombudsman) however I sincerely doubt that it is the case.

There is a charging clause at the end saying that any trustee.... shall be entitled to charge and be paid all professional and other charges for any business or act done by him or his firm etc....

The complaints procedure was in the client care letter.
It says to contact another solicitor in the firm who is the person responsible for client care.

I would say that their £300 an hour rate is perhaps higher than normal to reflect the fact they have additional responsibility as executor (you'd expect them to charge more for that). The 3% is very unusual these days, and would only generally be in the event that there is a particularly complex estate. My wife is a private client solicitor.

As others have said it's way too high. at they level the estate isn't attracting inheritance tax so it makes his work easier. My dad names a solicitor as executor and me. She would not renounce but the estate was a bit more complex and there was IHT. I think it came to £5000 or thereabouts 2 1/2 years ago. He is being rapacious, maybe Corona has put a dent in his earnings. But not your problem. Definitely complain.