As pointed out by the OP and someone else along the way, the original solicitor may well have waived some charge when the service was being provided on the condition or expectation that the probate work would be given their way. Either way I would even expect anything that requires a qualified professional to have a minimum charge which I would think a bit more than a tenner.
Nope. For swearing that on a particular date a particular person signed a particular document in his presence and the presence of another person and that he and that other person then signed in presence of each other. And he has to document on his file that he has checked his own records etc. And he must maintain the records of this admittedly modest work, along with the required regulatory compliance docs. This is what a heavily regulated legal profession looks like. It costs money.For confirming their own signature!
Is it the signature of the witness or the legal executive?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.
€10 was mentioned as the witnessing solicitors fee. Its a standard fee for at a notary public, peace commissioner, solicitor or commissioner of Oaths.Who seriously said it should be a tenner? Please don't take a clearly sarcastic comment out of context.
So first we had mf1 implying things which weren't said were said and now elacto is at the same silly gambit. Is that what one does when one's argument is paper thin?!
In case a few more posters feel like making the same ridiculous point.........Nobody has yet said that solicitors should do a job for nothing or for a €10. (I had to put the "yet" because for sure some wisecrack will now do it!)
I recently completed probate for my late mothers estate. It was tricky, and time consuming, but very achievable, and I'm so glad I did it myself - we saved between 6 and 9K doing so, so persevere with it. I wasn't asked for this myself (Mam and Dad used free legal aid to make their wills) but from a quick google it seems if the signature if feeble or illegible that you have to have Affidavit of Attesting Witness. I don't see any way around this, there are costs involved in doing probate, but when doing yourself, and in the relative scheme of things, they aren't significant. This sounds to be one of those costs that you have to accept.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.
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.
The two witnesses were the solicitor and the legal executive. Either one would do but as they both work for the same firm, the 600 fee would apply either way.Is it the signature of the witness or the legal executive?
I could imagine if the legal executive no longer works then it would indeed not be straightforward to produce the affidavit.
Attempting to contrive the future micromanagement of the affairs of one's estate from beyond the grave is generally accepted as being a very very bad idea that is only likely to bring trouble and extra expanse on your family after you're gone.Interesting post as I am going to a solicitor next week for my will.
I am wondering to avoid any potential future issues should I ask for my receipt to clearly state drafting & witnessing will for Mr xyz on date abc ?
It is not rocket science, but nor is it quite as simple as "yup, looks like my signature alright"
And far lower indemnity insurance premiums.it is far closer to "yup, looks like my signature alright" than it is to "rocket science"
but "rocket scientists" have lower hourly rates
Perhaps contact the RNLI who organise a free will service. The money saved in making the will could then be used for any subsequent costs.Interesting post as I am going to a solicitor next week for my will.
I am wondering to avoid any potential future issues should I ask for my receipt to clearly state drafting & witnessing will for Mr xyz on date abc ?
There's no such thing as a free will. Any huckster can offer something for free in the knowledge that they're in line for a large fee in due course. Many recently bereaved relatives understandably lack the stomach to shop around among solicitors in the aftermath of a death.Perhaps contact the RNLI who organise a free will service. The money saved in making the will could then be used for any subsequent costs.
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