Co-Executor

[stwstrz123]

I am the third co-executor of a will, the other two have elected to employ a soloicitor to apply for probate. Am i required to do anything other than co-sign the application for Probate, after agreeing the final figures for the estate? Also I am advising the other two executors about procedure (as their solicitor is not).

I need to know what else their solicitor is not doing, other than keeping them informed.

[Peter Pedant]

what else do you have to do ?
pay of course for the non service the solicitor is 'giving'

well OK the estate does but .....

You could easily do it yourself but with 2-0 against you I think the three of you have Doomed youselves to solicitors fees ..... sorry to be so upbeat about this

[woofgang]

In all honesty, if you can, I’d be removing yourself as an executor.....the situation sounds to me like a recipe for stress and high blood pressure....

[stwstrz123]

Actually i`ve made it plain i`m not paying for the solicitors involvement at all, Peter. n yes wolfgang, i would normally remoe myself as an executor, but the person is my late Mother and she named me as a co-executor and it seems disrespectfu to pass the thing over to a soicitor.

But i still want to know whether there is anything more i need to do other than agree the final Estaete valuation.

The solicitor has now indicated that my co-executors have to go before another solicitor to sign the application for probate, not even another one within his firm. I gather that he is also saying I have to do the same. Notwithstanding there is no space on the application for probate to add a witness in any case.

[woofgang]

But the estate WILL and heftily at that. From what you have said, you will do the work and the estate will pay for it (which I presume will be your loss).

[stwstrz123]

Hi Wolfgang, i`ve made plain that the cost should be borne by the remaining co-executors, not the Estate. After all, it appears the solicitor "prepares" the application for probate, but the executors sign it, making them responisble for any mistakes. Should have been a solicitor!!

[dzug2]

Unfortunately unless there is something unusual about the will you are plain wrong. The solicitor's fees are a legitimate charge against the estate

I suppose you can hold things up, maybe indefinitely, by refusing to sign.

[bednobs]

the solicitors fees will also be taken out before any distribution of the estate, so even if the others have agreed t bear the cost, there is nothing compelling them to do so

[woofgang]

as others have said, the estate, not the executors WILL pay and you WILL lose out...

[Barmaid]

I am not entirely sure what the solicitors have been instructed to do - is it obtain probate or obtain probate and administer the estate.

Just one point though - the fact that the solicitor said you have to go to another solicitor is to swear the oath. Because the solicitor has prepared the papers, he (or his firm) cannot swear the oath for executors. This is quite normal.