Not enough money in estate to pay probate solicitors fees?

[purpledalmation]

We think this may be the case. However there are 5 legacies to named beneficiaries of £1000 each. If these weren't paid there would be enough to pay the probate solicitor. There are 3 residuary beneficiaries, of whom my BIL is one, but he is not an executor like the other 2. There is a lot of ill will and the executors will not speak to my relative, and the probate solicitor has ignored his emails. Probate was granted 6 months ago, but not divided up yet, because of an ongoing inheritance act dispute, which has been resolved at mediation but not implemented yet.

Will my BIL have to pay his share of the probate solicitors fees (whatever they turn out to be)?

He has a solicitor who will be writing to the probate solicitor and the executors solicitor but would be great if we had an idea of what was likely to happen.

If he keeps writing to the probate solicitor the fees are likely to go up.

The fees will come out of the estate and should be deducted and the lump sums paid before the residual beneficiaries get theirs. So the higher the fees, the less they will get.

If there is less than £3k left I’d expect the money to be split 3 ways.

Fees will be deducted before the estate is distributed. Is the value really worthy of dispute?

Imagree the solicors fees will be paid and thenmwhatever is left will be divided according to the will. I don't know if legacies come before the other beneficiaries. The solicitor will advise.

We're not disputing the residuary estate, just asking what the procedures are. My BIL doesn't want to pay out of his own pocket to settle the probate solicitors fee while other members of the family are paid out because they are named beneficiaries. If the solicitor takes his fee before the others are paid then that will be fine, he doesn't expect anything from the residuary estate as it was small to start with.

He's already paid getting on for £30,000 to settle the inheritance act claim.

The solicitors will be paid out of the estate. The £1,000 legacies will be paid next. If there isn't enough to pay them, the estate will be split equally between them and the residual beneficiaries will get nothing.

I'm confused. £30k inheritance tax paid but only a few thousand available to pay out!!!

No, OP doesn't say that there was a £30k inheritance tax bill. She says that her BIL paid £30k to settle an Inheritance Act claim. So there was a claim from someone who believed that the will did not make sufficient financial provision for them and BIL has paid £30k (or given up £30k of his share) in order to settle that claim.

As @prh47bridge says. There were insufficient funds in my husband's estate to pay the beneficiaries the amount he stipulated. But solicitor fees and expenses and any creditors were paid first, then the remainder was split between named beneficiaries. There was a 'if there are monies available' bequests which were not able to be paid out.

Thanks all. It's good to know BIL will not have to pay (from his own savings) the probate solicitors fees. They won't respond to him despite being a residuary beneficiary and the deceased's next of kin (although not executor) and 6 months after probate was granted.

This is the problem with leaving set amounts to beneficiaries and residual estate to your nearest and dearest if the residual is likely to be very diminished.

I am an executor to a relative’s will. They have left a long list of amounts ranging from £1k to £5k and the residual estate to closest family.

Meanwhile they have taken out huge sums in equity release and is spending it (quite right, their money to live on / enjoy) and may yet need to go into care.

However they are convinced that their house is worth 50% more than it is, so the ££ won’t go as far as they think.

So I can see a situation where the closest much loved (caring, helpful and attentive) relatives get roughly enough to buy a Mars Bar!

I'm not surprised the probate solicitor isn't responding to him. He is not their client. And if they did respond to him, it would incur more legal fees to be charged to the estate.

@EyesOnThePies
Equity release is, in effect, a mortgage. The interest being racked up will be huge. The estate will have to pay it. In effect the relative is spending a mortgage set against the value of the house. If the house is sold, this mortgage has to be settled. I believe. It will be expensive.

@TizerorFizz I know.
The person doesn’t realise the implications of leaving a residual estate that will have been hit for the costs of Equity Release, and fixed financial bequests. The result will not be what they intended.