Can I Exclude A Solicitor Nominated In A Will?

[Davypops]

My mother recently died and the will was drawn up by a solicitor who has overcharged my mother in the past for simple work I could have done. Now I see in the will they are nominated (by mother) to deal with the estate. I wonder if they put themselves in by suggestion. Can I get them out of this? If they have free reign I'm afraid they'll charge for every tiny thing I could've done. I think they hold papers I need too. Thank you.

[Davypops]

Forgot to add to the question - I have Lasting Power of Attorney too.

[fiction-factory]

Are you listed as a n executor?
Was the will drawn up properly? In particular was it drawn up before or after you had Lasting power of Attorney, and did she have mental capacity at the time?

[Davypops]

Hello fiction-factory. Yes I am listed as an executor and trustee (along with my sister) and the will was drawn up properly by the solicitors in question on 27/4/2017. LPA was drawn up after on 13/05/17. And yes mother had mental capacity, thanks.

[Davypops]

Sorry those dates - the years should read 2016 (not 2017)

[fiction-factory]

Barmaid or Buenchico, maybe PP and others, will be in a better position than me to advise then on whether it's possible to come to an arrangement whereby one executor (the solicitor) agrees to keep out. It may be that he would agree to it but he may want to keep the role as it's probably easy money.

[Davypops]

Ok, thanks for your help.

[murraymints]

as executors I think you can usurp the solicitor ..Barmaid can advise

[murraymints]

^ on the basis that solicitor has not been nominated executor...^^

[Barmaid]

Clarification required on whether the solicitor has been appointed as a co-executor or whether the testator directs or requests that they be employed by the executors to deal with the estate.

[murraymints]

helloooo BM X

[Hymie]

Not that it has any relevance, but any powers conferred by the lasting power of attorney ended the moment your mother died.

[Davypops]

Hi Barmaid: I and my sister are the only executors and trustees of will, the solicitor is not any of these. The will, however, directs that "my executors shall instruct (the solicitors) to act in the administration of my estate and the sale of my property". Hope this helps, so do I HAVE to appoint them, given we both have an LPA? But the LPA may now be irrelevant. Thank you.

[tamborine]

You can ask the solicitor to renounce dealing with the Will but you must do this before he intermeddles in mother's estate.