Conveyancy/Probate question

Mounty · Nov 25, 2014

Wife is sole beneficiary to her late mothers house. House is for sale and an offer has just been accepted.

Mother in law appointed her solicitors as executors to her estate :scratchhead:

. Anyhow, solicitors said we could sell house, appoint agent etc. Basically a bit of a free reign as the proceeds were going to my wife anyway. We also chose to use our property lawyer to handle the conveyancy (not the solicitors acting as executors).
The late mother in laws solicitors have emailed today saying that we can't use an independent solicitor to handle the sale of the property as they wish to keep it 'in house' !!

Can they do this? I'm sure at the initial meeting we had with the solicitor, they said they would like to handle the sale but it wasn't compulsory.

Can they dictate that we use them. We have never had any dealings with them prior to this and like our regular guy so were keen for him to do it.

Any advice appreciated.

llamedos · Nov 25, 2014

Assuming they are wanting to work on a % basis

no wonder they would 'like' to handle sale

If it was agreed they were simply executors, stick to your original agreement.

Mounty · Nov 25, 2014

My thoughts exactly @llamedos , just wondered as the executors whether they can legally do this??
If the house was not being sold straight away and then we decided to sell 6 months later they would be none the wiser and would have no involvement.

llamedos · Nov 25, 2014

leg

Mounty said:
My thoughts exactly @llamedos , just wondered as the executors whether they can legally do this??
If the house was not being sold straight away and then we decided to sell 6 months later they would be none the wiser and would have no involvement.

legally I have no idea, but if the sale of the property was not a condition of the will, I would be telling them to whistle.

Andy26 · Nov 25, 2014

If the solicitor is the executor then its their job to distribute the assets as the client (who is your late mother in law) wished. The beneficaries cannot tell an executor how to do their job, so I suspect legally the solicitor can handle the sale 'in house'.

I'd make it as simple a process as possible as already it will of cost far more than it should.

llamedos · Nov 25, 2014

Andy26 said:
If the solicitor is the executor then its their job to distribute the assets as the client (who is your late mother in law) wished. The beneficaries cannot tell an executor how to do their job, so I suspect legally the solicitor can handle the sale 'in house'.

I'd make it as simple a process as possible as already it will of cost far more than it should.

If the sale was a condition in the will.

Exfarmer · Nov 25, 2014

I am with Lamedos, if the house was left to your wife then it is up to your wife how she disposes or not of it.
I would be tempted to tell them to take a walk.
However it is very expensive arguing with solicitors.
I would suggest sending them a letter " without prejudice " asking for a discussion on their belief in their right to handle this sale.
If they have a good point agree a figure for the sale

Andy26 · Nov 26, 2014

One way or another the solicitors will end up with the same fee, if they loose the conveyance work, well the executors work may take a little longer than first anticipated.

I know its no longer applicable in this case but solicitors, banks etc. should never be appointed as excecutors.

You can imagine the conversation as the Solicitor explains to Mrs Smith as she's very prudently arranged to go in to make her will...

"Yes, you need to appoint an executor, someone who you can trust to distribute your estate as you wish, make sure it goes to who you intend, we're often appointed as executors as we understand exactly what needs to be done and it's usually best for it to be done professionally... that's it just sign here".

CFMF · Nov 28, 2014

Our bank was executor of my brothers will.His will was very simple he left his share of the farm and money to his nephews & nieces.The bank wanted the farm share paid out immediately.The family and the beneficiaries did not want this done.All of us went to London to see the bank's head estate department & argued that what they wanted to do was not mentioned in the Will. The bank backed down.My brother & I asked the probate office if we could get Grant of Probate ourselves & they had no objection. A barrister friend told us how to apply to the high court to cancel the bank as executors.Apart from sorting out the private assets,& the farm valuation the Grant of Probate paperwork was easy.I dont know why solicitors charge so much as executors.

stroller · Nov 30, 2014

CFMF said:
Our bank was executor of my brothers will.His will was very simple he left his share of the farm and money to his nephews & nieces.The bank wanted the farm share paid out immediately.The family and the beneficiaries did not want this done.All of us went to London to see the bank's head estate department & argued that what they wanted to do was not mentioned in the Will. The bank backed down.My brother & I asked the probate office if we could get Grant of Probate ourselves & they had no objection. A barrister friend told us how to apply to the high court to cancel the bank as executors.Apart from sorting out the private assets,& the farm valuation the Grant of Probate paperwork was easy.I dont know why solicitors charge so much as executors.

Because they are blood sucking leeches, with few scruples?

db9go · Dec 7, 2014

CFMF said:
Our bank was executor of my brothers will.His will was very simple he left his share of the farm and money to his nephews & nieces.The bank wanted the farm share paid out immediately.The family and the beneficiaries did not want this done.All of us went to London to see the bank's head estate department & argued that what they wanted to do was not mentioned in the Will. The bank backed down.My brother & I asked the probate office if we could get Grant of Probate ourselves & they had no objection. A barrister friend told us how to apply to the high court to cancel the bank as executors.Apart from sorting out the private assets,& the farm valuation the Grant of Probate paperwork was easy.I dont know why solicitors charge so much as executors.

That is because they can and get away with it

db9go · Dec 7, 2014

Mounty said:
Wife is sole beneficiary to her late mothers house. House is for sale and an offer has just been accepted.

Mother in law appointed her solicitors as executors to her estate. Anyhow, solicitors said we could sell house, appoint agent etc. Basically a bit of a free reign as the proceeds were going to my wife anyway. We also chose to use our property lawyer to handle the conveyancy (not the solicitors acting as executors).
The late mother in laws solicitors have emailed today saying that we can't use an independent solicitor to handle the sale of the property as they wish to keep it 'in house' !!

Can they do this? I'm sure at the initial meeting we had with the solicitor, they said they would like to handle the sale but it wasn't compulsory.

Can they dictate that we use them. We have never had any dealings with them prior to this and like our regular guy so were keen for him to do it.

Any advice appreciated.

If you want just call Citizens Advice website. they have given me a lot of good advice and it is free which you will not allays get from a solicitor

Mursal · Dec 7, 2014

Why was the sale mentioned to the said solicitors?
Nothing to do with them, has it?

johnb5555 · Dec 7, 2014

In theory does the house belong to your wife until the estate is finalised. After that i'm not sure.

Conveyancy/Probate question

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