Helping father make will

K

KOW

Registered User
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My mother passed away a few years ago and with the the full knowledge of my brother and sister my father has asked me to go with him to solicitor the end of the month.
He has spoken with all family members and there is absolutely no issues around the will. All involved are well informed in relation to tax issues etc. The visit is really to tidy up what my father wants when he finally passes.
Following reading many posts on AAM my only queries are around when my father finally passes How and when is the solicitor payed? Are charges based on the amount of the estate?Is a fee for the work asked for and given in writing prior to death?
I understand it is a bit of an open question but. Any advise or guidance would be welcome.
 
Hi,

Your father will pay the solicitor for drawing up the will - some amount less than €100.

There is no obligation to use the same solicitor when executing the will and the normal approach would be to agree a fee with the solicitor before they do any work on the estate. It should not be a percentage fee but simply a set fee for the work involved (even if there's a house sale involved, there's no need for a percentage fee). If you're going to ask another solicitor to handle the estate, they'd probably need to see the will before they'd quote.

Its perfectly normal to discuss fees with a solicitor before they do any work so don't be afraid to ask.

Edit: the solicitor takes their agreed fees just before the final distribution of the estate. They should send the executors a written explanation of the charges and distribution before they distribute the proceeds.
 
Spot on thanks Herbie. Hope there is another few years left in the old man:)
 
If OP and or his siblings are beneficiaries they can also be executors provided that they are named as such in the will.

If an estate is not complex and the executors are competent at handling paperwork they can handle the probate by personal application to the Probate Office. This means that you not need to retain a solicitor to handle the application for a Grant of Probate. Four observations on this ;

1. The Probate Office can at any time direct a personal applicant(s) to make the application through a solicitor.
2. I think that the probate fees/duties chargeable for a personal application might be little higher for a personal applicant as distinct from an application through a solicitor.
3. Personal applications might take longer to process.
4. You save the cost of the solicitor's instructions fee and VAT.

If there is doubt about executor's abilities to process a probate application or there are potential complications it is better to instruct a solicitor and follow what Herbie says above.
 
Say somebody decides not to go with the solicitor that draws up the will. I understand any solicitor quoting fees for executions of a will need a copy of the will - is the solicitor obliged to give a copy of the will to the deceased relatives if he/she is not executing the will. Thanks
 
xoxoxo said:
Say somebody decides not to go with the solicitor that draws up the will. I understand any solicitor quoting fees for executions of a will need a copy of the will - is the solicitor obliged to give a copy of the will to the deceased relatives if he/she is not executing the will. Thanks
Click to expand...

Many solicitors who draft wills offer to retain them for safekeeping as a service to the testator client.
Generally, the solicitor would be required to deliver up the will to the executor(s) when the testator dies and would not be regarded as having any kind of lien on the document.
Thereafter, you start out on the probate process which is a distinct matter.
 
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