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Probate without solicitors?

7 replies

TwistedCherry · 16/05/2023 16:15

Hi everyone.

Wondering if anyone could advise.

To cut a long story short, my grandad died 2 weeks ago.
I have come across a copy of his will dating back to 30 years ago.

On the will it lists 2 solicitors by name as executors and if they are no longer around then anyone else in the firm. Does this mean I have to use them for probate? As I'd hoped I could apply without the use of a solicitor and they're ridiculous fees.

OP posts:
prh47bridge · 16/05/2023 16:37

It means they are the executors and are responsible for applying for probate and administering the estate. If you want to do it yourself, you need to see if they are willing to stand aside.

FluffyHamster · 16/05/2023 16:55

Yes - prh47bridge is right, if they are named as executors then you will have to use them or get them to stand aside (unlikely?).

Their fees will be paid out of your GD's estate. Is his estate likely to be large or complicated? It's worth having a professional who knows what they are doing!
You can save costs my making sure you have all the relevant paperwork collected, sorted etc - bank statements, pensions, outstanding debts etc then you won't be paying expensive hourly rates for basic admin!

Mindymomo · 16/05/2023 19:29

The Probate Office helpline is very helpful, give them a ring.

Tulipvase · 16/05/2023 19:39

I’d contact the solicitor listed and ask what they suggest initially. Perhaps there will be a small(er) admin fee for them to stand down and add another executor (assuming that’s allowed). We did the probate for my dad and it was very straight forward and much cheaper. But it was a simple case and everything came to me and my siblings.

clementinesandchampagne · 16/05/2023 19:40

Honestly just let the solicitor do it. I have been executor for a couple of family members, and although it's usually not complex (unless dead person is Elon Musk or the late Queen), it's a right royal pain in the behind. It's like the worst kind of life admin you ever have to do, boring and tedious, and you will tear out your hair!

Collaborate · 16/05/2023 23:29

Having the solicitor act as executor is very expensive.

If the firm no longer exists then as far as I know it you are free to apply yourself to be executor. You can then employ a solicitor to act for you, but their fees would almost double if they are also executor.

TwistedCherry · 18/05/2023 21:28

Thank you everyone for your replies.

I think I'm going to ask the solicitors to step aside and see what they say. If they're happy too, then I'll apply myself, if they don't, then I'll just have to use them.

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