Solicitor Executing A Will

[237SJ]

Can you ask a solicitor to be your executor even though they didn`t prepare the will for you?

[Barmaid]

Oh yes. They will probably take your arm off at the elbow because they can charge to administer.

But I would always suggest appointing one (or all) of the residuary beneficiaries to act in that capacity. Then they have the choice of instructing solicitors if they wish.

[Barmaid]

Oh and you dont have to ask anyone prior to appointing them (although it is sensible and courteous to do so). When the testator dies, if they dont want to act, they just renounce.

Be careful if you do go down the route of appointing a solicitor though, you have to get the appointment clause right because normally you appoint the partners in a firm rather than an individual.

[237SJ]

Thanks Barmaid. I was thinking about my own will. I haven`t got one and even though I`m not old, you never know what`s around the corner. I was thinking of doing a Lawpack one (don`t shout at me :-) ) but would probably want a solicitor to execute it. I know the solicitor would make money on administering the estate but I wondered if they would "get the hump" because I used a DIY will.

[Peter Pedant]

Barmaid !

yeah I was gonna say, yeah and he will rub his hands at £ 200 /h

and then say now I wouldnt have done this because .....

we beneficiaries were exxecutors and did it quite well,
with a solicitor at our elbow....
Much cheaper and just as good

[237SJ]

I`m not bothered PP - I`ll be dead!

[Hymie]

You may very well be dead - but I'll bet you don't plan you leave the lion's share of your estate to a solicitor.

[237SJ]

Have you got any better ideas Hymie?

[Canary42]

When I made my will with a solicitor (£200) he advised against appointing him as executor. He said it was much better to appoint someone appropriate (e.g. family member) and leave to them (when the time comes) the choice of whether to use a solicitor or not, and if so to choose one they would prefer.

[237SJ]

Some of us come from VERY small families Canary.

[ladyalex]

The solicitor we used for my grandmother, my mother and my aunt's wills did not care at all that they were 'DIY' jobs.
We thought his charges were fair for the work done.

[Canary42]

We do indeed, I only had 2 options.

[Hymie]

There is nothing stopping you appointing a (the) beneficiary of your will as the executor – but as beneficiary, they cannot be a witness signatory.