In message , DB.
writes
> (and IANAL)
> I've an uneasy feeling that this solicitor might be trying to make
>the most of all this in order to maximise his 'take'.
Unfortunately the above two comments often go together, and usually not
from posters as sensible as you.
> It seems to be a straightforward Will (with you as executor and sole
>beneficiary) and I see no reason why a solicitor should be involved in
>the probate process. Why not take it into your own hands? If you do so
>you'll find the Probate Registry to be the most helpful and
>easy-to-deal with of all Government departments.
If there is the potential for a claim against the estate, then the
executor would be utterly reckless to distribute that estate before
establishing for certain whether or not there is any such claim. In this
case, it may well be that the executor and beneficiary are the same
person, but even so, if he started treating the money as his own and
then faced a claim, he could lose his home, for example, or other assets
that he had thought were now his own.
Given that there was a co-habiting partner, it is a no-brainer that
there is the prospect of a claim, and any solicitor who dismissed the
possibility as negligible would be grossly negligent. That is not to say
that any claim would necessarily succeed, but as this solicitor has
correctly said, any such claim can tie up the estate for months or even
years, and will result in significant costs coming out of the estate to
cover legal fees.
In short, the solicitor in this case seems to have got it 100% right,
and your criticism is entirely unfounded.
--
Richard Miller |