Solicitor wants to charge €600 for confirming that they witnessed a will?

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Salvadore

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My wife is currently administering her late mother’s estate. It’s an uncomplicated will, with my wife named as the sole executor and sole beneficiary so she’s decided to seek probate herself without engaging a solicitor.

The Probate Office has reverted to the effect that they require an Affidavit of Attesting Witness in respect of one of the two witnesses to the will. In my late mother-in-law’s case, these were a solicitor and legal executive of the firm in which the will was made.

As I understand it (although I’m open to correction), the affidavit is just a confirmation by a witness that they did indeed witness the production of the will. Nothing other than that.

My wife wrote to the firm concerned seeking the affidavit. They’re seeking almost €600 to do so which seems excessive. I suspect they may be irked at not being engaged to administer the will through the Probate Office and are seeking to make at least some return.

In others’ experience, is €600 the going rate for what seems like a relatively low-level administrative task?

Also, is it possible, when making a will, to have it witnessed by a friend or relative who, presumably, wouldn’t ask for €600 to subsequently confirm that, yes, that is their signature on the will. This would seem like an obvious way to avoid a potentially substantial legal bill.
 
Salvadore said:
is €600 the going rate for what seems like a relatively low-level administrative task?
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IANAL

One the one hand, you need the letter, so you don't really have much wriggle room here; the cost will be borne by the estate in any event and you are already saving a good chunk of legal fees. You could always check w. the Law Society I guess on the rate charged.

Anyone who is not a beneficiary can witness a will; I've not been asked for such an affidavit in the past. And thinking about my own will, at least one of the witnesses has (sadly) since gone to meet their maker.
 
That does sound excessive.

Write to the solicitor's firm and ask them to explain how the price is arrived at. Maybe point out that your mother gave them plenty of business over the years including maybe charging for the will.

At the same time, write to the Probate Office pointing out the very high cost.

Brendan
 
Brendan Burgess said:
That does sound excessive.

Write to the solicitor's firm and ask them to explain how the price is arrived at. Maybe point out that your mother gave them plenty of business over the years including maybe charging for the will.

At the same time, write to the Probate Office pointing out the very high cost.

Brendan
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Neither will care, Brendan.

The firm will point out that is the Probate Office, not they, which has requested this Affidavit. They may also point out that they're under no obligation to explain their pricing methodology, in common with any product or service provider.

The Probate Office will point out that there is more than enough money in the estate to cover what is, by their counting, an essential requirement.
 
Does that 'almost €600' include VAT @ 23%?

Because if so, then those hard working solicitors are only getting €480-odd for their labours, while the State trousers €113 for doing nothing!
 
Seems reasonable to me. They drafted the will and probably only charged €100 in the expectation they would be asked to carry out work.
 
Just a thought - I wonder is there anything to be said for drafting the document yourself and bringing it to the practice for perusal and signature?

Attachment removed and post edited.

Thank you T McGibney.

The template was downloaded by me from courts.ie on a mobile device, and I had not noticed it had apparent personal details on it. I do not know if those details referred to a real person or not I'm afraid.
 
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Let's break it down:
1. The Probate Office has reverted to the effect that they require an Affidavit of Attesting Witness

That has to be provided to get the Will through Probate.

2. As I understand it (although I’m open to correction), the affidavit is just a confirmation by a witness that they did indeed witness the production of the will. Nothing other than that.

See format of Affidavit of Attesting Witness above. One of the witnesses has to review what the Probate Office are asking for and draft/ amend the Affidavit as required, have it sworn before another solicitor and provide it to the executor.

3. My wife wrote to the firm concerned seeking the affidavit. They’re seeking almost €600 to do so which seems excessive.

It's not cheap but, as a practising solicitor, I would not regard it as excessive.

4. In others’ experience, is €600 the going rate for what seems like a relatively low-level administrative task?

See above.

5. Also, is it possible, when making a will, to have it witnessed by a friend or relative who, presumably, wouldn’t ask for €600 to subsequently confirm that, yes, that is their signature on the will. This would seem like an obvious way to avoid a potentially substantial legal bill.

Yes. But there is a better chance of the Will getting through Probate if it has been drafted by a solicitor.
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On this:
I wonder is there anything to be said for drafting the document yourself and bringing it to the practice for perusal and signature?

Like a lay person's draft is likely to be correct?
I would not sign any draft anything without carefully reviewing it and being sure it was what the Probate Office were looking for.

mf
 
mf1 said:
See format of Affidavit of Attesting Witness above. One of the witnesses has to review what the Probate Office are asking for and draft/ amend the Affidavit as required, have it sworn before another solicitor and provide it to the executor.
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So two solicitors have to be paid?

Brendan
 
The second solicitor witnesses the signature of the Attesting Witness on the Affidavit at a cost of €10.00
which we can assume is factored into the fee quoted.
 
The €10 fee for an Oath etc is standard. Should there not also be one for verifying a signature for Probate, especially where the will is uncomplicated, as per OP. The person cannot go anywhere else.
€600 in this instance does appear high.
 
JimmyB99 said:
Agreed. Solicitor has a monopoly here. No other person will do. He can charge what he likes. Why doesn't he enjoy himself a little more and charge €1,000?
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That's about it, alright. I've a brill solicitor now but I kissed a right few frogs before I got there. Some were greedy and useless in equal measure......genuinely scary.
 
jasdpace@gmail. said:
Some were greedy........
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Like giving €10 to another solicitor to witness my signature whilst keeping €590 for myself to recognise my own signature. Surely, in fairness, the other solicitor should be getting €15 to €20 out of the €600?
 
Why would any professional not charge for work done/to be done?

Do people/some people have an expectation that professionals should not charge for work?

As above -It's not cheap but, as a practising solicitor, I would not regard it as excessive.

mf
 
mf1 said:
Why would any professional not charge for work done/to be done?

Do people/some people have an expectation that professionals should not charge for work?

As above -It's not cheap but, as a practising solicitor, I would not regard it as excessive.

mf
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Of course people should and must be paid for the work they do.

Anyone in business whose overheads are such that €600 reflects the costs and a reasonable profit for the work involved in "just a confirmation by a witness that they did indeed witness the production of the will. Nothing other than that." has seriously lost the run of things.

Alternatively they are exploiting the fact that the OP cannot go elsewhere to gouge them.
 
mf1,

Can you show what prompted these two comments please?
mf1 said:
Why would any professional not charge for work done/to be done?

Do people/some people have an expectation that professionals should not charge for work?
Click to expand...

These comments are simply not a fair representation of the comments of this thread.

I'd appreciate if you would acknowledge that nobody said what you implied?
 
Excellent comments above.........who was it that said that all professions are conspiracies against the laity? Seems alive and well here alright.
 
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