Executor No Longer Practicing Solicitor

[Annieliz]

Can anyone help - my Aunt recently died and named me and a solicitor as executors in her will. The solicitor is now living in France and their practice closed many years ago. But the original will is held in a different solicitors office.
I spoke to the solicitor holding the will today - they have the address of the solicitor who is executor, in France, but won't give it to me. They want to write to him and ask him to revoke being executor, but I could do that myself without paying them to write a letter. They also won't give me the original will. They want me to go in for a 'consultation' (a chance to make some money).
I'm not happy about this as I've been executor previously so know the routine, also my Aunts estate is easy to settle, as she was in a nursing home her property had been sold so its just winding up her savings account.
So legally, what's the situation with the solicitor holding the will. Can I insist on them handing over the will to me? And can I insist on writing to the executor solicitor myself?
Thanks
Annie

[woofgang]

Yes and yes. They may charge you some kind of rent for the safe storage of the will and may need to see proof of your identity and a death certificate but they have no right to take on any of the work. The only exception would be your aunt had put in any kind of requirement that another solicitor should be appointed as an executor if the original bloke went out of business.

[woofgang]

Sorry meant to put in that they have no right to hang on to the will.

[Annieliz]

Thanks Wolfgang. There's nothing in the will about appointing another solicitor at all. I thought this would be straightforward but it never is!

[woofgang]

Just put your foot down!

[ubasses]

I should think that they have the right not to give out the personal address of the old Solicitor, he may even have refused permission for them to do so. I would write the letter and take it in asking them to forward the letter on your behalf. Once you have the reply, just make a short appointment to pick up the Will taking his agreement to revoke with you.

[FredPuli43]

Do as ubasses says. They are merely custodians of the document. If they play up, and won't even forward the letter, ask them on what legal or professional basis they are so doing, since in default of a proper and justified response you consider it a matter for the Law Society(the regulatory body, the disciplinary part of which which now goes by some fancy name but they know what you mean). And tell them that they are, by their inaction or obstruction, preventing the due execution of the administration of the estate which, as they appreciate, may have severe consequences for themselves.

[Annieliz]

This is excellent advice, thank you ubasses and FredPuli43. I will write a letter to the solicitor in France and ask the other solicitor to forward it for me.
Thanks
Annie

[Hymie]

Bolted horses and all that – never appoint a solicitor as executor of a Will. The appointed executor can always obtain legal advice, if required.

[tonywiltshire]

I think the fancy name Fred could not remember is probably the SRA (Solicitors Regulation Authority)
0870 606 2555, good advice from both Fred and ubasses.

Hymie is also correct except I would not suggest appointing any professional person who requires to be an Executor; the important thing is to make a will after taking advice, preferable from a solicitor.