If a Solicitor dies.....

[oncemoreuntothebeachdearfriends]

I need to make a new will, & will probably need to name my solicitor as an Executor - with or without DH as joint executor.

I believe he's a sole practitioner, & he's quite old.

What happens if he dies before me ? Is there a mechanism that would inform me of his death & therefore force me to make a new will? Otherwise, what would happen ?

I feel it would be inappropriate to ask him !!

Thanks for any help.

You wouldn't need to make a new Will. I would also not name a solicitor as executor (amd I am one!). Your executors can always appoint a solicitor to deal with probate if they need to at the time.

I’d also advise against banning solicitor as executor. As a professional he will rightly charge for his services and that could add up. Suggest having at least one executor who is younger than you and no one who is older;or significantly older).

Always find a younger executor and definitely not an elderly solicitor. Nephew or niece? Younger family friend? You must ask them though.

If you name a solicitor in the will and they die the firm will act as executor. Most people don’t need professional executor. It’s was an easy sell for solicitors inserting themselves in the will (more recently regulations have changed and solicitors have to be more transparent) as they can then charge the estate on your death. Taking them out now gives your DH control over whether he will need legal services as other posters have said. There is nothing to stop your DH from DIY probate or using a solicitor at that time if you name him sole executor. At least then he has a choice.

If either/both executors are dead you can still get Probate my applying for 'Letters of Administration with Will Attached'.

I did this for an aunt of my father's who appointed him and a Solicitor near her then home as joint executors. Both pre-deceased her.

As above you may not need a professional executor. If there are just a few bank accounts, or even a house, then if it falls below IHT it's still doable as DIY.

My Mother's estate was more complicated with significant investments and a potential for IHT to be payable. Mum was also very generous with gifts and was hopeless at keeping records of either those or money she reimbursed where, as she got older and more physically we'd got stuff for her.

The professional executor was worth every penny of the several thousand she cost.

There is a process when a sole practitioner solicitor dies or a firm closes down suddenly, where the Solicitors Regulation Authority will go in and take all the files, money, etc and deal with any urgent matters. You would eventually be notified, assuming they have your current contact details in the files.

https://www.sra.org.uk/consumers/problems/solicitor-closed-down/

Most people do want to name an executor though and not leave it to chance and assume an elderly spouse will do it alone. So finding a younger person you trust is what most do.

That's what the aunt mentioned above did. She lived to a ripe old age, Dad did not.

Thanks for all your replies.
DH & I have been executors for our various parents, & I know how straightforward it can be.
The only possible candidate (apart from DH) lives in the Antipodes, & he's not very good with paperwork. Also, there are several complications .
I know it will cost more, but I'll be dead & past caring !

@DuckBushCityLimit Thank you, that is just what I wanted to know

My aunt used the bank 25 years ago. £20,000.

Out of what size estate?

Name a firm, not a solicitor.

@tothelefttotheleft
£3/4 million. These days a savings portfolio and a house can easily be that.

You only need a professional if the estate is complex, there is a willtrust that might need a bit of thinking about/work (or you don't want the same person as trustee and beneficiary) or if there are particular reasons that you need someone completely independent (ie there's potential for argument).

If you definitely want to appoint a solicitor the norm is to appoint a firm of solicitors which avoids naming a particular partner/director. The usual wording limits any appointment from the firm to two. If your solicitor is a sole practitioner I'd find another firm.

@TizerorFizz

That doesn't seem bad then?

It did at the time!!

Thank you.
All of that with bells on !
I think I'm going to have to reluctantly change to a firm.