Can a will stipulate the solicitor an executor must use for probate?
- Thread starter RedmondC
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Am an Executor too and recently got our solicitor to contact the solicitor 'holding' the Will to arrange a hand-over. I'm led to believe that a fee of usually €100 is charged + VAT but in our case they charged €150 + VAT. As usual it was one of the 'Free' credit union Wills. As the fella says 'no such thing as a free lunch'.
Make sure to get a few quotes as there can be big differences in prices especially if Probate and sale of house are involved.
This thread especially the last post on page 2 confirm this https://www.askaboutmoney.com/threa...or-selling-a-house.222396/page-2#post-1707585
There's another relevant thread here too about this matter https://www.askaboutmoney.com/threads/advice-needed-about-a-solicitor-and-will.218341/
Make sure to get a few quotes as there can be big differences in prices especially if Probate and sale of house are involved.
This thread especially the last post on page 2 confirm this https://www.askaboutmoney.com/threa...or-selling-a-house.222396/page-2#post-1707585
There's another relevant thread here too about this matter https://www.askaboutmoney.com/threads/advice-needed-about-a-solicitor-and-will.218341/
Indeed, but in some cases that's not possible.
As an example, it's not unknown for a will to leave bequests which cannot be met, either because the item cannot be found or the estate is insolvent.
Whilst I have seen 'Jane Bloggs solicitors' appointed as joint exec, I haven't seen a will stipulate that Grant of Probate must be completed by Jane Bloggs Solicitors
blanketyblank
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Can I ask what kind of cost would you expect with a solicitor for dealing with a will? Would it be the norm to ask a few different solicitors for a price?
I agree that if something is not possible then it can’t be done. However if the will stipulates that a firm of solicitors are to be instructed to extract the grant of probate, then that wish should be adhered to. If the executor acts contrary to the wishes of the testator, they leave themselves open to challenge. Obviously, if the firm no longer exists etc. then the executor is free to go elsewhere.
Shop around but Solicitors usually charge their fee as a percentage of the value of the estate.
This previous thread will give you some idea of how much solicitor's costs can vary on different jobs. They will most likely need to look at the amount of work involved as estates can vary and some may be more complicated than others.
This is a question you should be asking your solicitor, is it not?
" Can a will stipulate the solicitor an executor must use for probate? "
This is your thread title/question and IMO has not been addressed by any of the replies above and indeed I am not in a position to proffer an answer either.Ask him/her for a definitive answer.
I asked our solicitor and he confirmed that they cannot insist on you using a particular solicitor hence the reason that they allow you to pay a fee for release of the Will.
What a lovely way of saying 'We are going to charge you to hand over the will'.
And I don't think too many solicitors need much of a reason to charge.
Like the old story:-
I was walking to the shops the other morning and bid my solicitor across the road 'good morning'.
He nodded and waved.
Upon my return home his bill was in the hall.
Item 2. By 'authority', I mean who enforces the use of Jane Bloggs Solicitor?
Will the probate office reject an application if it wasn't made by Jane Bloggs Solicitor?
Can a beneficiary sue if Jane Bloggs is not the probate applicant?
Can an executor be removed for engaging a different Solicitor?
All other things being equal, I think the answer is no.
Which would lead me to the conclusion that it is not binding on the executor.
I’ve given my informed view based on the OP’s comment that the will stipulated that a certain firm be used. If you don’t like it, fine.
Lots of things I don't like - the colour grey, bad language, yellow packaged marzipan; but I won't lose sleep over posts on a bulletin board!
You and me both!Lots of things I don't like - the colour grey, bad language, yellow packaged marzipan; but I won't lose sleep over posts on a bulletin board!
I absolutely would not use any solicitor who added that as a sneaky provision.
There may be a slim chance that the deceased requested it, maybe if the solicitor had a unique insight into the deceased's affairs, but forgoing that I definitely would not use them.
BTW. you don't need a solicitor for probate, and they only take care of the paperwork leaving the executor to do most of the legwork anyway.
There may be a slim chance that the deceased requested it, maybe if the solicitor had a unique insight into the deceased's affairs, but forgoing that I definitely would not use them.
BTW. you don't need a solicitor for probate, and they only take care of the paperwork leaving the executor to do most of the legwork anyway.