Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

Legal matters

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

Is it really my job to bankroll the business?

29 replies

ks9aq · 10/10/2025 11:12

My parent passed away a few weeks ago. They were a landlord/freeholder with two main rental properties. Myself and my sibling are the executors of my parent's estate. We went to see their solicitor this week to discuss the estate, grant of probate etc. and when we said we were setting up an executor account in order to continue to collect the rents etc. and for paying bills related to the properties, he was very resistant and didn't see why we would think we needed to do this. When pressed further, he said that the rents should be directed to the solicitor's client account and that my sibling and I would need to bankroll the business, if repairs were needed until there is a grant of probate. My sibling and I have very little money and financially cannot bankroll the business for the next 6+ months. The solicitor suggested that if a large bill needed to be paid such as roofing work (which is a possibility), they would not pay this out of the monies they are holding and we may have to get a loan.
For context the estate has enough 'cash' in it to pay all inheritance taxes due.

Q. Are they correct? Do the executors have to bankroll a company in this situation whilst the estate is going through probate?

OP posts:
ILikeBigBookssandIcannotlie · 11/10/2025 10:05

I would go and see another solicitor, just to get a second opinion. There is never anything to stop you doing this.
I specialise in another area of law and if a client didn't like my advice I would be quite happy for them to get a second opinion - I have nothing to hide.

The other solicitor may be able to give you assurances, or they may say this is a red flag. Either way, you are the executors and therefore the decision makers (on behalf of the estate beneficiaries of course)

ks9aq · 11/10/2025 10:07

Thank you everyone for your thoughts and experience. Lots to think about!

OP posts:
Dozer · 11/10/2025 10:09

‘Solicitor said he is only willing to act 'all or nothing'

If he stuck to that I’d take the nothing. Even with the hassle and costs of switching solicitors etc.

mummytrex · 11/10/2025 12:48

What the solicitor is suggesting would result in their client account being used as a banking facility which is not permitted by SRA. The solicitors could be fined for this. I'd set up the executor account as you originally intended and get another solicitor.

I also don't think they were right to say you'd be liable eg for roof repairs but happy to be corrected.

New posts on this thread. Refresh page
Swipe left for the next trending thread