Solicitor as executor

T

titodog

Guest
Hi all,

I would be grateful if someone could shed some light on the following:
A friend's dad died recently, and his will names the family solicitor as executor. The solicitor has now quoted an enormous amount as a fee for completing the probate procedure (over 16,000 euro for a straightforward division of a family home and some bank deposits between 2 siblings).
Can my friend shop around for a solicitor or is she stuck with the executor as the executing solicitor?

Thanks.
 
This happens a lot.

It is mentioned in PriceWatch section of the Irish Times today. See here:


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It mentions a fee of 5k + VAT for a 37k estate. MADNESS.
 
This may help, if you go down the DIY route:


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The problem is that the will names the solicitor as executor, so the road to DIY or seeking quotes from other solicitors is not open.

I would ask the Law Society if the fees are reasonable. If they say that they are then, no matter how unreasonable you consider them to be, there is little you can do.
 
If that is the case, then I must plead with my parents to remove the sol as executor.

I don't want to add to their massive house, holidays and Mercs / BMWs, etc.
 
Thanks everyone.
I have clarified the situation with the Law Society, and it is difficult to remove the solicitor as executor - would require going to the High Court, and incur considerable expense in itself. Basically, they have suggested that my friend should get a copy of the will to see if her Dad has had the sense to include some sort of condition about fees, and if not, ring around a number of solicitors and write to the incumbent outlining concerns at the discrepancies with his quote, and threaten to apply to have him removed as executor. He may then negotiate on the fee.
Basically, it looks as though it is a much better idea for someone making a will to place the role of executor in the hands of a trusted friend, and let them haggle with a solicitor when the time comes, rather than get tied into doing business one particular individual.
 
So the Law Society's position could be interpreted as saying that the solicitor (their member) has your friend over a barrel, and it is is not very interested in helping her. Did the person to whom you spoke express an opinion on the level of fees quoted?

Does executing the will involve selling the family home, and is some of the fee related to conveyancing it (or might that come up later as another fee)? Is the quotation VAT-inclusive?

Another way to get some leverage on fees, at least outside larger towns and cities, is to indicate a willingness to discuss the matter in pubs and shops with anybody who is willing to listen.
 
It is might be worth considering your friend's dads wishes. Your dad's friends may have decided that the best way of haiving his estate distributed was to arrange for the trusted family Solicitor to do so. So many probates end up with family members rowing. This way the family focus on having a disagreement with the solicitor and not fighting each other.
 
Artois said:
It is might be worth considering your friend's dads wishes. Your dad's friends may have decided that the best way of haiving his estate distributed was to arrange for the trusted family Solicitor to do so. So many probates end up with family members rowing. This way the family focus on having a disagreement with the solicitor and not fighting each other.
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Quite agree , I would imagine that your friend would like to see his father's wish to have the solicitor act as Executor respected.
In terms of exorbitants fees I found from experience that when you advised the solicitor in question that you would like to refer the matter of his fees to the Office of the Taxation Master ( who provides an independent and impartial view on legal costs incurred by an individual ) that a compromise was usually arrived at.
More information is available at the office of the courts website.
 
Artois said:
It is might be worth considering your friend's dads wishes. Your dad's friends may have decided that the best way of haiving his estate distributed was to arrange for the trusted family Solicitor to do so...
Click to expand...

That might be so, but I think it is more often the case that such things are done by the testator without giving the matter much thought.
 
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