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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Can a solicitor sort out everything after a death?

6 replies

ungryHippy · 12/08/2023 17:28

For payment of course.
I'm currently trying to organise funeral, finances, disposal of personal stuff, everything really for my mother who's recently died. There are 6 of us, her middle-aged "children" so all next of kin.
She wouldn't make a will and told everyone that I was to be in charge as I was the eldest. My siblings agreed at the time.
She didn't own property and had about £10000 in her bank account which is the be shared equally between us.

They've all got different opinions on everything, funeral, what to do with her possessions etc, none of them have volunteered to come and help (I'm the only one who lived near my mother). Two have had a huge row and stopped speaking to each other.

I want to prevent this happening with my DC.
Would a solicitor be able to organise everything. House clearance, financial stuff, death notification etc? I've made a will specifying Direct Cremation and no ceremony and my DC agree to this.

OP posts:
Justkeepingplatesspinning · 12/08/2023 17:39

Yes, you can appoint a solicitor as the executor. It will likely take quite a bit of funds though. Is there no way that your children wouldn't be able to organise a house clearance firm to empty the house? You can leave a funeral notice equivalent with the funeral directors to put into the paper or wherever.

JennyMule · 13/08/2023 16:57

Of course you can instruct a solicitor but if they have to deal with multiple disputatious siblings the legal costs are likely to become disproportionate to the value of your late mother's estate if the total value is £10k.
I'm sorry people are falling out at this difficult time - often happens but that doesn't make it any easier to handle for you.
Funeral directors are very accustomed to dealing with family dynamics - if siblings are happy for you to take the lead I'd suggest you do so and communicate plans to the rest of the family, or ask FD to do so.
Given the value of the estate you are unlikely to need to apply for Letters of Administration (like probate but where there's no will) so there are not likely to be any legal complexities requiring a solicitor - you'd be paying a lot in legal fees but of course may think that worthwhile if it preserves relationships.

Timeforabiscuit · 13/08/2023 17:07

So sorry that your mum is gone, I honestly believe that funerals bring out the best and worst in people and organising a person's wishes after they've gone is so incredibly difficult and conflicting.

Some good advice I got from mumsnet was to just focus on what relationship I wanted with relatives after the funeral, and whether the decision in question was worth jepordising that, it helped sort the wheat from the chafe. A solicitor won't help with that, but clear instructions on the funeral (chosing music, burial or cremation, flowers, prepaid if possible) and a really transparent final up to date will helps immensely.

You cad add a letter of wishes to say if there are special items to go to certain people, but honestly if you have two children just saying that it's only stuff and to take the lot to the tip or charity shop once you're gone will probably go along way.

CoffeandTiaMaria · 13/08/2023 17:14

My parents deaths definitely brought out the worse in one of my siblings, her behaviour shocked me rigid.
We appointed a solicitor to execute the will, the sibling’s behaviour demonstrated that there was no way they’d cooperate with the others, in fact they were as obstructive as they possibly be even with a solicitor.
After three years we might be getting to the end; the process has been delayed by at least 13 months by the sibling refusing to sign papers etc. Appalling behaviour and I will never forgive them for wrecking memories of my parents and their legacy.

MeinKraft · 13/08/2023 17:15

For the sake of £10k minus whatever the funeral will cost, it's really not worth it.

gogomoto · 13/08/2023 17:27

Yes you can instruct a solicitor, you can prepay and organise your funeral too, most of all write, and crucially keep up to date your will and ensure everyone knows where it is and the key points!

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