Who Decides on the Estate’s Solicitor?
The person managing the estate, called the Executor if there’s a Will or the Administrator if there isn’t, usually appoints the estate solicitor. If a Will is in place, the Executor named within it takes charge; if there’s no Will, a close relative of the deceased steps in as the Administrator.
How Are Solicitor Fees Determined?
The appointed Executor or Administrator discusses and establishes the solicitor’s fee arrangement. This could be a fixed fee, an estimated amount, or a framework for charges if precise costs are hard to estimate upfront.
Beneficiaries’ Right to Know the Solicitor’s Fees
Beneficiaries are entitled to know the fee structure agreed upon for estate management. This right ensures that any fees affecting their inheritance are transparent, as outlined under section 68 of the Solicitors Acts. This way, beneficiaries can anticipate any deductions related to legal fees.
Ensuring No Extra Fees Are Added
Once the estate is settled, the solicitor drafts a detailed estate account. This account lists all assets, debts, and transactions since the person’s death, including any changes due to payments or gains. The Executor or Administrator then reviews these accounts and receives the solicitor’s final bill, allowing them to question any unauthorized costs. If disputes arise over fees, there are options to have costs reviewed or to raise a complaint with the Law Society.
Beneficiaries due to inherit the remainder of the estate (if a Will exists) or all beneficiaries (if there’s no Will) have the right to view the estate accounts. This access helps them verify fees and flag any concerns.
Protecting Against Delays in Estate Administration
To keep the estate administration moving, the Executor or Administrator should stay informed about its progress. Regular communication with the solicitor helps prevent delays, and if issues do come up, they can request a meeting to address any concerns. If problems persist, they may consider consulting another solicitor. The Law Society also has rules for transferring files smoothly if a new solicitor is needed.
What Beneficiaries Can Do About Delays
If a beneficiary experiences a delay in the estate’s administration, they can formally request a detailed update from the solicitor. If this doesn’t resolve the issue, they may need independent legal advice, as specific timeframes apply for claiming estate assets.
In summary, the legal safeguards in place help protect beneficiaries in estate processes. Staying informed and seeking advice when necessary can help beneficiaries navigate the estate administration smoothly.
Frequently Asked Questions
- Who chooses the solicitor for an estate?
The person responsible for managing the estate, usually the Executor (if there’s a Will) or the Administrator (if there isn’t a Will), appoints the estate solicitor. - Can beneficiaries know the solicitor’s fees?
Yes, beneficiaries are entitled to know about the solicitor’s fee arrangement, especially if it may impact their share of the inheritance. This transparency is required under section 68 of the Solicitors Acts. - What if I think the solicitor’s fees are too high?
If there are concerns about the solicitor’s fees, the Executor or Administrator can raise objections, and beneficiaries may also review the estate accounts to question fees. Any disputes can be taken to a legal cost review or to the Law Society. - How can we ensure there are no extra charges?
The solicitor prepares an estate account showing all transactions and expenses, which the Executor or Administrator reviews. They can question any unauthorized fees before the estate is fully distributed. - What can beneficiaries do if the estate administration is delayed?
If there’s a delay, beneficiaries can send a letter requesting a full update from the solicitor. If this doesn’t resolve the issue, they may consider consulting another legal advisor to protect their rights.