Do you need to use the solicitor named as executor in the will

[Mother's Little Helper]

This feels a little awful as my mother is alive and kicking albeit in her 90s but I have never dealt with a will - everything was in joint names when my father died so there was no "estate". There will be little when my mother does "go home" as she delightfully describes it but I would rather sort it out liaising with my brother to ensure there are no debts! (He is abroad)

 

 

I have just read an article which says you do not need to use the solicitor named as the executor but feel I know so little about this and wonder where I would start. I wonder if someone could help just so I know the first steps and am not anxious when (she says she will live to 103) we get to this point.

[Old Cogger]

little or no inheritance then do it yourself, help can be obtained to find out precedence - straight forward no some over priced solicitor which would leave very little!

[Mother's Little Helper]

Thank you Old Cogger. I just want to relax and forget it for the moment as you can imagine. I am my mothers POA so have slowly been transferring her files (as and when she is happy for me to do so) over to my house so I can go through everything and was surprised to see a solicitor named as executor but cannot think there will be much left to pay anyone!

[unclebulgaria67]

Thank you Old Cogger. I just want to relax and forget it for the moment as you can imagine. I am my mothers POA so have slowly been transferring her files (as and when she is happy for me to do so) over to my house so I can go through everything and was surprised to see a solicitor named as executor but cannot think there will be much left to pay anyone!

 

Having looked at a few articles it would appear it is often the Solicitors drafting the wills that put themselves down as executors. To remove them, they agree to step down from this role at the time of probate or you get a new will drawn up with your preferred executor named. Depends on whether your Mum is in a fit mental state to change the will now, so you don't have a Solicitor who insists on remaining executor when the time comes.

[Mother's Little Helper]

Unfortunately my mother has Altziemer's unclebulgaria67 and, although she copes with quite a bit and we have helped her keep as much independence as possible I don't think she would be deemed to have the capacity (although she would argue that ) This is why I have become so involved with her finances. So I would presumably have to inform the Solicitors of her death and ask them to step down.

 

 

Thank you - at least I know step 1

[unclebulgaria67]

I think that is the case.

 

At the moment, you have a will that cannot be replaced due to your Mums health, so the Solicitors will be executors, unless they agree to step down from the role and allow someone else to deal with it,