What happens when Probate is issued?

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synchro90

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I am one of two executors named in the Will who are also the only beneficiaries of the estate. The other executor's solicitor is applying for Probate with my agreement. I expect the Grant of Probate will be issued to this solicitor. What happens next? There is disagreement from my side on the level of this solicitor's costs, and I am concerned that I will have no control on excessive costs being taken out of the estate.
 
You or the other person can ask the solicitor how much he is charging, you then either agree or disagree with his fee.
 
Thanks noproblem. A figure has been agreed previously but now the solicitor is threatening to increase his charges as he claims more work than initially estimated is required to obtain the Grant. My concern is can the solicitor take his charges directly from the assets of the estate of which one is a bank account without my agreement? The solicitor will be administering the estate on behalf of both executors/beneficiaries.
 
Is it a large estate with property, money, shares, ins policies, etc? An idea of what he's charging, and the good people here will give you an idea if it's expensive or not.
 
If you are unhappy with the fees being charged you should get an itemised bill from the solicitor and report it to the Law Society
 
As a joint executor you are effectively / impliedly instructing that solicitor as well as the other executor.

The solicitor should have given you a written estimate of the likely costs involved in this matter - a section 68 letter.
If you do not have such a letter ask the other executor if they obtained one.
If no such letter was issued ask the solicitor to explain the absence of the section 68 letter.

The total costs will comprise three elements - the solicitors professional fee (plus VAT), outlays and then the relevant duties/fee payable in probate matters to the Probate Office. If the solicitor encounters complications that might cause a significant increase in fee levels the client should be informed.
 
The estate comprises a bank account, an insurance bond with the 2 executors as beneficiaries, and a few shares. No property. A permanent caveat is involved and a fee of £750 to present the Consent Summons to nullify and £1000 to apply for Probate and administer the estate has been agreed by myself with the solicitor. No section 68 letter. The bond is safe as it is written in both executors names, the shares are less than £200 and the bank account has nearly £40k. My concern is will the solicitor be able to manipulate the bank account?
 
This is an Irish based site - guessing you are based in the UK from your post so some of what's posted here may not be useful to you.
 
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