Legal firm not keen to relinquish will executor status

[Saint Forever]

Can anyone please advise as to the following, please?

In summary:

- I am the sole beneficiary of my father's will (my mother having died some 18 months ago);
- My father is late stage dementia so does not have mental capacity to change his will;
- The firm of solictors (or their successors)who drew up the will some 25 years ago are required to be the executors in the will;
- The original firm ceased to exist over ten years ago, having been subsumed into another firm which in turn has been subsumed into yet another firm;
- None of the above firms have any paperwork pertaining to my parents' legal affairs of any kind and I have both original will and only copies, they do not even have a record of my parents ever having been clients (I found this out on the event of my mother's death whilst seeking out my parents' wills);
- The Senior Partners of the current firm do not want to relinquish their status as executors (probably because it is 'easy money' with the work being done by what they term 'Assistant Solicitors' at a rate of £230 per hour!);
- I am not keen that (when the time comes) I am required to pay money from my father's limited estate to a firm of solicitors to undertake work on my behalf that I (or indeed pretty much anybody with internet access and a brain) can do.

As the latest incarnation of the firm is not looking to relinquish their status as executor, is there anything I can do? I am not keen to engage a solicitor to act on my behalf to challenge the executor status as I'm not keen to sponsor a real life Jarndyce vs. Jarndyce scenario!

All advice and guidance gratefully received.

 

[marionq]

In Scotland you would contact the Law Society for an anomaly like this. There will be an equivalent body in England but I would also write to your MP who should be able to pass you on to the correct group.

If they have no paperwork and no knowledge of you how can they charge for looking after your affairs.

 

[jenniferpa]

If they have no paperwork and no knowledge of you how can they charge for looking after your affairs.

Because the original will requires them to I would imagine. And it appears that the will considered the possibility that the original solicitors might not be around and that there would be successor firms.

I don't see that the OP has options here, apart from persuading the executor to step down.

 

[Beate]

I don't think there is anything you can do. A named executor has the right not to take up that role, but they cannot be forcibly removed unless you have strong suspicions about the way they carry out their role. Simply you not liking having your inheritance diminished by their fees is not reason enough. Unless it specifies a certain solicitor by name who is no longer available, or it specifies the name of the firm which has changed, I think you're out of luck. The fact they have no knowledge of your parents' affairs doesn't matter - most named executors wouldn't, but it was your father's wish to have them carry out this role.

 

[dora]

changing executor

My aunt insisted on naming her solicitor as executor to "save you the trouble". As her solicitor was 500 miles from me, I transferred the executorship to a solicitor local to me. My local solicitor was disgusted that the original solicitor charged £60 for doing this [20 years ago].

I would advise you to go to Citizens' Advice for help with this. Am I right in understanding that your father is still alive? This may be something that can only be done once he has passed away and the will actually comes in to force.

 

[jangie]

I would probably say wait until your father dies. Are you his attorney whilst alive. I would imagine that as you are the sole beneficiary you might be able to argue that due to simplicity and size of estate that they renounce their executorship. Without being morbid - who will arrange your father's funeral. Also are the firm local or miles away.


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[nitram]

"The original firm ceased to exist over ten years ago, having been subsumed into another firm which in turn has been subsumed into yet another firm"

Change 'subsumed into' to 'bought by'.
Everybody wants return on any investment, the executorship is a windfall, there could also be unexpected liabilities.

I can't comment on the £240/hr fee except that as sole beneficiary you could try asking for a full breakdown of costs.

If you have POA think about consolidating assets, each enquiry to a financial institute takes time and time equates to money.

Any POA ceases on death so you would not be able to get all the balances to present to the executor.

 

[jangie]

Judging by the hourly rate quoted for an Assistant Solicitor I am assuming the firm are in the south east or thereabouts and it is probably the going rate. On to this is, of course, the dreaded VAT of 20%. Hard though it may be at the time of your grief this is when you will have to challenge.


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[sue38]

I think you have 3 options here

1. You could make an application to the Court of Protection now that a new statutory will be executed on behalf of your father revoking the appointment of this firm of solicitors and appointing you instead. There would be a court fee of £400 to pay, plus legal costs if you employ a solicitor to make the application. You may or may not be successful.

2. When your father dies you ask the firm to renounce probate. There has been quite a high profile case where the beneficiaries successfully removed a firm (which had no particular connection to the testator) as the executors.

3. As nitram suggests simplify your father's investments so there is less work to do, and therefore less to charge for. You obviously need to take competent financial advice before doing so as putting all the money in one pot is not generally advisable.