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  • Wills?

    not sure this is the right place to post but if a solicitor is executive of a Will, do they have to get Probate? If so, why does it not show on the Goverments Wills and Probate site?

    The death was early this year.

    Punchsmum

  • #2
    They may not have done it yet? Solicitors sem to have a timetable of their own!
    Anne

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    • #3
      I am not a solicitor, haha, but I have been executor three times. The most recent one took me seven months to get a probate interview as many local offices have closed. My nearest office was 80 miles away and booked solid.

      OC

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      • #4
        So a solicitor still needs to get Probate? Am I right OC?

        Punchsmum

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        • #5
          If the executor is the Solicitor then yes - assuming he /she is the sole executor named ( In England and Wales anyway.)
          Last edited by Katarzyna; 07-11-18, 16:29.
          Kat

          My avatar is my mother 1921 - 2012

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          • #6
            Whoever is the executor applies for probate, it will not necessarily be a solicitor.

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            • #7
              If the solicitor is one and a family member is the other is it ok for the family member to choose to do it?
              Chrissie passed away in January 2020.

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              • #8
                Yes. Solicitors and other professional people are the only people allowed to charge for their services as executors, Joe Public must do it for free. As most solicitors charge at least £180 an hour for their services you can see why it makes financial sense for a family member to do it for nothing. (It doesn't have to be a family member of course).

                Probate work and executing a will are not difficult usually, just very time consuming and unpaid!

                OC

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                • #9
                  Thank you OC I asked because I know of a case where this happened but the solicitor wasn't at all happy when the person told them he was going to do it.
                  Chrissie passed away in January 2020.

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                  • #10
                    Chrissie, no, I bet he wasn't!

                    OC

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                    • #11
                      I assumed from Punchsmum's original post that the solicitor was the only executor.
                      You can have up to 4 executors named in a will and none need be a solicitor. If it is a fairly simple will a DIY probate is not too difficult to secure - just hard work. If death duties and property are involved it can be a nightmare for a lay person- so many pitfalls.
                      Kat

                      My avatar is my mother 1921 - 2012

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                      • #12
                        Kat

                        I executed my father's estate, which involved inheritance tax and umpteen investments. It took me ages but really wasn't difficult, the IHT forms were very easy to understand and the IHT office was very helpful and patient when I had a couple of queries.

                        The BIG problem arose over paying the IHT. This has to be paid BEFORE probate is granted, so in other words, the executor has to pay the IHT out of their own pocket and then recoup when the estate is wound up. I expect solicitors have a way round this, or are trusted to pay up, but I was forced to take out a bank loan to pay it, a nightmare to be aware of should someone ask you to be their executor!

                        OC

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                        • #13
                          My two brothers and I were executors for my mother's estate and we had the same problems as you OC. My elder brother with help from a solicitor friend did it for us but we had to sign documents in order to legally allow only the one of us to get probate. Luckily we both trusted our big bruv!
                          edit: I must say though that none of us would have contemplated doing it ourselves if it wasn't for the friend and the fact that my SIL had just inherited a nice sum from her father's death which meant we could pay the IT.
                          Last edited by Katarzyna; 07-11-18, 23:02.
                          Kat

                          My avatar is my mother 1921 - 2012

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                          • #14
                            Yes,Katarzyna, the Solicitor was the only executor.

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                            • #15
                              Whether probate is required also depends on the size and nature of the estate - if it only consists of cash in bank accounts then these can often be accessed (up to a limit) without probate being needed at all.


                              When I was executor of my father's will, it took me about 6-8 weeks to have everything dealt with but solicitors will always take much longer than "private" executors mainly because they are very careful to protect themselves from any unexpected debtors appearing - at least 6 months and probably 12 months is the usual.
                              Retired professional researcher, and ex- deputy registrar, now based in Worcestershire. Happy to give any help or advice I can ( especially on matters of civil registration) - contact via PM or my website www.chalfontresearch.co.uk
                              Follow me on Twittter @ChalfontR

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