probate costs

I have recently made a will with my solicitor, who holds the original for me.

When this will is to be invoked ( upon my death ) does my dependents have to use my solicitor, or can they apply for probate themselves, and how do they do this? given that the will is held by the solicitor?

tonyvalue

The executor of the will has the power to simply take the will away, usually on producing a written signed authority to the solicitor who holds it.

Who is the executor? If it is the solicitor the question of fees may arise which was recenty the subject of a post.

Vanilla said:

The executor of the will has the power to simply take the will away, usually on producing a written signed authority to the solicitor who holds it.

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Written authority? I never heard of this.....who would issue the letter? The person who has deceased or is it just proof of identity?

sam h said:

Written authority? I never heard of this.....who would issue the letter? The person who has deceased or is it just proof of identity?

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It seems to me that the will itself constitutes written authority. If I am the only nominated executor of a will, nobody could have a right to refuse me possession of the document, or even put obstacles in my way. It is reasonable that a person in possession of the document should be satisfied about my identity before handing it over to me.

thank you all for replies, which are helpfull.
I gather the executor can, on producing appropriate identity, collect the original from
the solicitpr, and proceed to carry out probate himself, given that the will is simple and
uncomplicated.

one more question, just a general one, if one wanted to change the originally named
executor, I suppose this requires a visit to the solicitor again, and would it require
for witnesses to sign again?

regards

Tony

There are 2 ways to do it
1. Draw up a codicil which is an addition to the original will, replacing the executor. When going to probate, the will and codicil will be required
2. Revoke the original will and replace it with a new will in the same terms as the previous one, just naming the new executor in place of the old one

If it intended that the executor can do a DIY job, option 2 would be easier as there is ony one document.