Solicitor Fee as Executor of Will

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backofnet

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My Aunt passed away in 2020. Her will was made in 2012 and was witnessed by her Solicitor and a Legal assistant. In her will she nominated her solicitor as executor of her will. The will states that the solicitor is entitled to receive out of her estate "fees for work done as to which he would be entitled if he were acting for other persons appointed Executors of this my will".

The Solicitor fee in 2021 came to 13837.50 and this included vat of 23%. The Fees were not itemised and I don't know what the overall value of her estate was.
In May 2020 the solicitor sent out a letter stating what his fees would be and they came to 5940. This was broken down into a professional fee of 4500 + Miscellaneous Outlay (200) + vat 23% (1081) + probate (159.00). Their was a caveat in there as regards probate as it was calculated by reference to the value of the estate and at the time this was not known.

Land was left to a grandnephew. I don't know what the value of the land was.
The cash was made up of her own money plus the sale of her house.
The cash was 163000+ minus expenses (Solicitors fees, nursing home etc...) which came to 120000+ This was divided between nieces and nephews.
Other smaller amounts were left to various charities.

I have 2 questions
1. Given the solicitor was a witness to the will was he entitled to charge ?
2. The final Fee 13837.50 looks steep but may include the sale of the house. The house sale had been challenged but I don't know if this would have added an extra cost. Does anybody think we have been overcharged ?

Any other thoughts welcome.
Thanks.
 
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backofnet said:
1. Given the solicitor was a witness to the will was he entitled to charge ?
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Absolutely not. The Solicitor can get into difficulty with their Regulator by doing this, were a complaint to be lodged.

Ask the Solicitor to itemise the bill.
 
Johnno75 said:
Absolutely not. The Solicitor can get into difficulty with their Regulator by doing this, were a complaint to be lodged.

Ask the Solicitor to itemise the bill.
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Thanks. I will ask for an itemised bill and see where that takes us initially.
 
I phoned the solicitor and asked him about being executor and witness and then charging fees.
He said the fees went to his firm of which he is an employee and not to him so it is not an issue. Anyone know if he is correct ?
 
I think the part above the initial fee would be reasonable if it includes the conveyancy and a dispute. The overall bill doesn't sound especially steep to me but I am not a legal person.
 
backofnet said:
I phoned the solicitor and asked him about being executor and witness and then charging fees.
He said the fees went to his firm of which he is an employee and not to him so it is not an issue. Anyone know if he is correct ?
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Get him to put that in writing!

He is talking nonsense and is frankly being deliberately misleading. He is not entitled to charge a fee as executor if he witnessed the will. Simple.

Next step: Legal Services Regulatory Authority. Or negotiate a reduced fee on the basis that he is acting illegally.
 
There was an article on the Indo last week about the cost of Probate. Executors seem to be leaving everything up to the solicitor, hence the big bills..
 
Thanks, didn't have permission to post the link.
Did a probate myself some months ago, as was executor to a will, fairly straightforward and would encourage anyone to do it themselves instead of using a solicitor.....
 
Charges are one thing but when you are not entitled to charge that is another as highlighted by Johnno75 above.
Quote From Section 82 of the Succession Act 1965: "It is equally important to remember that the charging clause will be invalidated if the solicitor/executor is a witness to the will" . Solicitor reiterated not an issue as he did not benefit and fees went to his employer. I have not gone to the LSRA so I have to put up or shut up.
 
backofnet said:
The Solicitor fee in 2021 came to 13837.50 and this included vat of 23%.
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Net of VAT that is €11,250

at €100 an hour that is 112 hours or two weeks and four days.

Do you think that is a reasonable hourly rate, do you think that is a reasonable length of time to spend on the work.
 
cremeegg said:
Net of VAT that is €11,250

at €100 an hour that is 112 hours or two weeks and four days.

Do you think that is a reasonable hourly rate, do you think that is a reasonable length of time to spend on the work.
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After having a look online I would expect the hourly rate to be more but I would expect the time spent on the work to be no more than half (66 Hours) if even half.
 
Two years ago I got a solicitor to do straight forward probate, the quote for the legal fee was estimated at €2,000 plus VAT based on 8 hours work at €250 per hour. Job was completed on budget. All others had quoted more, some substantially more.

Legal fee with the same solicitor for house sale was a flat €2,000 plus VAT.
 
twofor1 said:
Two years ago I got a solicitor to do straight forward probate, the quote for the legal fee was estimated at €2,000 plus VAT based on 8 hours work at €250 per hour. Job was completed on budget. All others had quoted more, some substantially more.

Legal fee with the same solicitor for house sale was a flat €2,000 plus VAT.
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Thanks. That gives me some perspective. I am way off picking 66 hours above.
 
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