Using a solicitor as executor or administrator?

D

duffy99

Guest
My Dad has just died and we are going to see the solicitor who has is will .The estate is very straight forward this we know just a house split equally 5 ways do we have to use the solicior who has the will to administer the will or can we do it ourselves.Somebody told me the solicitor who has confirmed he is not an executor might be the administrator please help i am confused and afraid we will be rushed into him taking over?
 
Sorry about your dad.

Whoever is named as executor in the will will be responsable for dealing with it and applying for a Grant of Probate. He/she or they can decide whether to use a solicitor or not. As there appears to be a property , then you will probably need a solicitor to handle the property transfer.

In any case, get a firm quote before deciding and you could even "shop around"

The probate Office are very helpful and can point you in the right direction, if you decide to handle the probate personally.
 
My sympathies on your loss.

No, he can not just take over unless it is mentioned specifically in the will that he is the executor of your fathers estate. If he did, then you are stuck with him. Your father should have stated in his will who he wants the executor/administrator of his estate to be. That is the person who will administer the estate and apply for a grant of probate. If he listed this solicitor (or any other one) to be the executor, then no, you can not do it yourself, you have to use that solicitor. He could renounce his rights to be the executor, but why should he? It is how he earns his living, and he would also want to respect the wishes of your father, and make sure his estate was dispensed with according with his wishes.

If the solicitor who is merely holding a copy of the will is saying that he was not listed as executor, then I guess you'll find out who it is when the will is read. Perhaps your father nominated another family member or a different solicitor to be the executor of his estate? If the solicitor holding the will is not the executor, all he does is hand it over to you. You do not have to have anything more to do with him unless you choose to. Drawing up a will for a client, and keeping a copy of it for the next of kin is not the same thing as being the executor of the estate once the client dies. They are 2 totally separate things, unless the person writing the will specifically says that he/she wants the solicitor to be the executor of his estate.
 
Thank you for your answers.I was told that the solicitor has a clause in all wills he draws up that makes sure he is not an executor but an administor
 
Back
Top