Probate....executors Of An Estate

[bevs1066]

My dad died on 27th August last year, he named me (daughter) and his brother as executors. Since he died, I have closed all his accounts and put his 2 properties up for sale, and also with the help of family we have cleared the properties. Whilst I have been doing all of the leg work, my uncle has been doing the 'paperwork'. 6 months to the day since my dad died, I went to my Uncle's to sign 'a form'...this was for inheritance tax ( which we fall just below) and also to inform me that he was posting offf the will to apply for probate (in both our names).
I was appalled at the length of time he has taken, but I have said nothing to him as yet....However, when I was leaving his house, he said quietly...'I am going to see if I can get paid as a professional executor'....I showed no recognition, I just smiled,said goodbye and left, and have been on the internet ever since.
Can you suddenly ....after 6 months...decide without consulting anyone to charge for a service that no-one asked for? Can you change from being a 'normal' executor into a 'professional one? Shouldn't you have to give costs upfront? Shouldn't you say if you don't want to be an executor/ How can you do this after 6 months?
I have a feeling he has been doing some research, and found out that if he was a 'professional', then he could have charged a hefty fee...he is a chartered accountant by trade. He is also a beneficiary in the will having been left £6000

[Barmaid]

1) What does Will say about charging
2) Does brother still practice as a CA (ie does he have a practising certificate) and does he administer estates as part of his practice?

[bevs1066]

Will says nothing about charging as far as I am aware
He still practises as a CA, although is semi-retired, has never done probate before
Will says under heading 'technical clauses'
a) The Standard Provisions of the Society of Trust and Estate Practitioners (1st edition) apply, amended as follows:
i. Standard provision 5 ("trust for sale") does not apply.
ii. My executors may exercise their powers without consulting beneficiaries, so section 11 of the Trusts of Land and appointment of Trustees Act 1996 does not apply.

[factor-fiction]

Hi bevs.
Barmaid knows more about these things- she is a professional and I'm just a layman with experience of being an executor (but not a significant beneficiary) on a few occasions.
It may depend on whether the will gives indication that your uncle is appointed in a professional capacity. If not then I don't see how he can charge anything other than the normal allowable expenses- although i have never known a personal executor charge anything for phone calls, letters, travelling etc.
Maybe he was just joking? I've probably said something similar in the past when I did lots of running around when i knew others would be the beneficiaries, not me.
If you are both beneficiaries then you both have a responsibility to move things along, so maybe you need to keep much more on top of what he's doing. You could ask him whether he wants to renounce his role or leave it all up to you if he is too busy.
I don't know whether there are legal steps one can take if one executor is delaying things unreasonably.

[Barmaid]

Drat.

The Step Standard Provisions state that:-

11(1)
A Trustee who is a solicitor or an accountant or who is engaged in a
business may charge for work done by him or his firm in connection with
the Settlement, including work not requiring professional assistance. This
has priority to any disposition made in the Principal Document.

So it looks to me that he can make a charge.

However, check the rules and regs of a CA and see what charging information (if any) has to be given first.

[bevs1066]

Thanks mark, I have read all of STEP, but still doesn't clarify if he can suddenly change to a professional without giving notice or obtaining authorisation . I am quite sure that he wasn't joking, however time will tell, but I do want to be prepared should he try and make a claim.

[Barmaid]

He hasnt suddenly changed as a professional he is entitled to charge. The authorisation comes from the step sp which is incorporated in the will. Check the rules for his professional body in these circumstances.

[Peter Pedant]

my only contribution other than marvel about how greedy relations can be is to observe that he didnt say what his charges would be before racking up the hours.

the point being that if you had known he was gonna charge then you would have done the non-professional bit yourself without charge.

It also depends on how many chargeable hours he is gonna claim for
if it is two then you might pay him off
if it is two hundred you may wish to get further particulars

I neva cease to marvel how madly people can behave after a death

PP

not madly but badly

[Barmaid]

PP - welcome to my world ;)

[bevs1066]

Thanks for the replies:
Mark..this is my dilema, my Uncle has never ever mentioned charging until now, the only things that he ha done are the probate and tax forms...everything else was done solely by me, from registering the death, arranging and paying for the funeral, obtaining and settling all bills, closing bank accounts etc, if at any time did I think that my Uncle would be wanting paid, then I would have left all of the above for him to do, also 'if he was getting paid', I would have expected him to have completed the forms in a timely manner and not to have taken 'over' 6 months.... Charte
red Accountant Rules and Regs are quite vague....but go on about Integrity...Who to complain to? What happens when we disagree with each other over this?