Probate but not executor

L

Lucy83

Registered User
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A family member passed away recently and we are now trying to get the estate in order. The solicitor who drew up the will is named as the only executor. Certain banks and life assurance companies are looking for grant of probate. Is it possible to obtain grant of probate without being the executor? The solicitor is very vague when it comes to giving me a price re costs etc so I would like to do it myself if possible.

Thanks,
L
 
I stand to be corrected but the deceased entrusted the solicitor to tidy up the estate after their death. It is the executor's job to tidy up the deceased's affairs. The solicitor is probably vague on costs as he doesn't know how much work is involved yet.

Getting a grant of probate can take a while, so don't be in a hurry.


Steven
www.bluewaterfp.ie
 
Not good practice in today's world to have the solicitor who drew up the will to then also be the executor. This kind of arrangement was normal in the past and also led to messing with the estate.
 
Thanks for the reply. The only reason he named the solicitor as the executor was because the solicitor told him that a beneficiary of the estate couldn't act as an executor. There was a lot going on around the time the will was drafted so it wasn't questioned at the time. We aren't completely happy with work that has been done to date so would rather do it ourselves if we could.
 
Something dodgy there. A beneficiary is allowed in fact it is preferred as they are motivated because they are so. Again the rule of thumb is for a beneficiary to be the executor.
 
john luc said:
Not good practice in today's world to have the solicitor who drew up the will to then also be the executor. This kind of arrangement was normal in the past and also led to messing with the estate.
Click to expand...

How exactly does this lead to 'messing with the estate'? What is your evidence to prove this? Do you work in the legal industry? How many experiences of probate/admin do you have?

Lucy83 said:
Thanks for the reply. The only reason he named the solicitor as the executor was because the solicitor told him that a beneficiary of the estate couldn't act as an executor. There was a lot going on around the time the will was drafted so it wasn't questioned at the time. We aren't completely happy with work that has been done to date so would rather do it ourselves if we could.
Click to expand...

How do you know this? Were you there when the will was made?

john luc said:
Something dodgy there. A beneficiary is allowed in fact it is preferred as they are motivated because they are so. Again the rule of thumb is for a beneficiary to be the executor.
Click to expand...

The 'rule of thumb' is not for a beneficiary to be the executor. The executor can be a beneficiary, certainly, but this can lead to a conflict of interest.

To OP, if you are worried about the costs, insist on getting an estimate. If you are not happy with it, ask the solicitor to renounce and next entitled can prove the will. Next entitled depends on relationships and the wording of the will, depending on the circumstances. Not just anyone can prove the will, there is a set order of entitlement in the Succession Act.
 
Yes I was there when my parents went in to discuss the will on d first day and they went in a week later to sign it.
 
Unfortunately it is true. It wasnt a pleasant experience and hence I didn't want to dwell on it once it was done. In hindsight things may have been sorted easier without a will. I've looked at what's involved in the personal application for probate and it didn't seem too bad. If my father had known that probate would be needed he would have wanted me to sort it. Hindsight is a great thing.
 
What I meant about messing is the solicitor who drew up a will and is the executor has a lot of control and unfortunately some solicitors in the past have taken advantage. I am not a legal person but have dealt with a few wills and administration and am facing into 3 more over the next few years. I also have knowledge of an old case involving just such a scenario within my extended family. Forewarned is forearmed is what I am suggesting.
 
Bear in mind that probate may not be necessary if the assets were held in joint names.

My understanding is that you can apply for a Circuit Court order to remove the solicitor as an executor but he is allowed 12 months from the deceased person's death to sort out affairs so you would need to allow that time to pass
 
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