Any advice for a bewildered relative executing a will?

Bochto

Afternoon,

My dad passed away late last month, and I'm helping my mother work through the various legal and administrative tasks. My mam is stipulated as executrix of Dad's will, and I've made contact with the same solicitor who drew up their respective wills in 2011 -- a family friend who is a solicitor outside of family law, suggested that people typically retain the same solicitor.

Having never been in this situation before, does anybody have any advice? Any pitfalls to be aware of? For example, can anybody suggest what might be a reasonable fee for a solicitor to charge for this service?

All advice, greatly appreciated,

Best Wishes,
Boc

seamus

You would typically retain the same solicitor as they will already have your father's information on file and should/may be familiar with the deceased's circumstances.

What they *should* charge is variable - most solicitors will probably charge on an effort basis. More complicated estates require more time, therefore cost more.

Some solicitors will quote a fixed fee, and if the solicitor is very familiar with your father's affairs then this may be the way they go.

In the latter approach, you may end up overpaying if the effort required is very small, but you have the peace of mind that the fee is fixed.

Really all you can do is ring around, find out what the market or going rate is before you engage one.

Bochto

Thanks very much for the advice Seamus.

Mrs OBumble

Ask the solicitor for a quote before doing any work. Some people are reticent about it, but you should feel new shame in asking, a solicitor is a business person, just like a plumber but with fanicer offices!

Bochto

Thanks for the reply. That's exactly what I have done -- I sent them an email to engage, and asked about the fee. I also asked if the transference of the house deeds (which are exclusively in my dad's name, as was the way) into my mother's name would be included in the process, and whether that would also be included in the same fee.

coylemj

Bochto wrote: »

Thanks for the reply. That's exactly what I have done -- I sent them an email to engage, and asked about the fee. I also asked if the transference of the house deeds (which are exclusively in my dad's name, as was the way) into my mother's name would be included in the process, and whether that would also be included in the same fee.

If the house was left 100% to your mother and you don't foresee her selling it in the next few years, there may be no compelling reason to have the deeds transferred to her name.

Consider the option of doing personal probate if you don't like the quote(s) you get from any solicitor.

Bochto

Consider the option of doing personal probate if you don't like the quote(s) you get from any solicitor

Thanks, I will do if the quote looks iffy. I did have an initial look at the relevant page on Citizens Information.ie about Probate and execution of wills, but it seemed a bit complicated (or I may well be a bit dim!).

I read as far as where it talked about having to sign and swear a 'Revenue Affidavit' in front of either a solicitor or a "commissioner for oaths" (whatever that is), and I just thought, "screw it, I may as well go with a solicitor then."

But your advice does seem sound -- if the quote looks bloated, I may well take a second look at going the personal route...

coylemj

Bochto wrote: »

Thanks, I will do if the quote looks iffy. I did have an initial look at the relevant page on Citizens Information.ie about Probate and execution of wills, but it seemed a bit complicated (or I may well be a bit dim!).

I read as far as where it talked about having to sign and swear a 'Revenue Affidavit' in front of either a solicitor or a "commissioner for oaths" (whatever that is), and I just thought, "screw it, I may as well go with a solicitor then."

But your advice does seem sound -- if the quote looks bloated, I may well take a second look at going the personal route...

If you do personal probate you will end up having an interview with a member of staff in the probate office, he or she will be a qualified solicitor and a commissioner for oaths. You swear that affidavit at their desk and it costs nothing so you do not need a separate solicitor. Even if you did, the cost of a solicitor notarizing an affidavit would be peanuts compared to the fee they would charge for probate.

It is a reasonably complicated process and you need to be an organised person but it can potentially save you a packet, especially if the solicitor insists on charging you based on a % of the value of the estate.

Bochto

coylemj wrote: »

It is a reasonably complicated process and you need to be an organised person but it can potentially save you a packet, especially if the solicitor insists on charging you based on a % of the value of the estate.

Once again, thank you. I may well take a crack at doing it myself.

P. Breathnach

Bochto wrote: »

Once again, thank you. I may well take a crack at doing it myself.

The first step is to have your mother renounce as executrix. It's a relatively simple protocol, but you cannot simply step in until that has been done.

Bochto

P. Breathnach wrote: »

The first step is to have your mother renounce as executrix. It's a relatively simple protocol, but you cannot simply step in until that has been done.

Thanks, good point. I was more thinking of walking through it with her -- taking her to the solicitor or Probate office for example. But I guess I could become the executor. That's another option.

coylemj

Bochto wrote: »

Thanks, good point. I was more thinking of walking through it with her -- taking her to the solicitor or Probate office for example. But I guess I could become the executor. That's another option.

If you do personal probate, the executor has to go in person with nobody else in tow when called to the probate office. I've done this and my guess is that the official wants to ensure that you are on top of the job and not relying on others, either family or an amateur 'lawyer' charging a fee to do the donkey work.

As a result of that interview (where you bring all of the documents, statement of assets etc.), they decide if they will allow you to proceed with personal probate or that you should engage a solicitor.

tabby aspreme

If the will is straightforward it's not difficult to do it yourself, I carried out the probate on my Dads estate , the biggest hassle I had was with his bank manager who thought probate could only be done by a solicitor, I found the staff in the probate office very helpful, in total I spent about1 1/2 days getting everything completed and saved € 21,000 + expenses, in solicitors fees.

coylemj

tabby aspreme wrote: »

If the will is straightforward it's not difficult to do it yourself, I carried out the probate on my Dads estate , the biggest hassle I had was with his bank manager who thought probate could only be done by a solicitor ......

+1 Financial institutions don't like dealing with lay people when it comes to probate. What I did every time I wanted anything was to write a letter with a formal request but instead of posting it, I threw on a suit and tie, brought the letter to the branch, handed it to a member of staff and made it clear by my body language that 'we'll get back to you' was not going to be an acceptable reply. This was to even get simple stuff like a statement of the balance on the account at the date of death. Phoning them with any sort of request was a waste of time.

Paradoxically, getting the money out of them in the end was a breeze because once you walk in and show them the grant of probate, they have no choice but to hand over the money to the executor.

tabby aspreme wrote: »

I found the staff in the probate office very helpful...

+1 However I would caution that several of the regional probate offices are overloaded because of hiring freezes and they have redirected 'new business' to Dublin so expect long delays in getting probate sorted.