Last modified: 02/05/2011
Share and print this page
It's in the Wizard
This content forms part of The Probate Wizard. Read more.
Probate: does a solicitor-executor have to be involved?
Almost anyone can be an executor. Typically, executors are close family members such as spouse, civil partner or children. Nevertheless, it is not uncommon for a solicitor - or a law firm - to be appointed executor.
Video: Do I need a solicitor for probate?
A solicitor-executor is not obliged to renounce
You may wish to conduct the probate process without professional assistance, perhaps if the estate is relatively small and simple.
However, a solicitor-executor is not obliged to step down. Discuss the issues with the solicitor and ask if he or she is willing to "renounce probate". Many will be happy to do so.
The Law Society has issued the following guidance to solicitors:
"You [the solicitor] should consider whether, at the date of death, circumstances have changed from the time the client appointed you or your firm, and what is now in the best interests of the estate, including whether the administration of the estate could easily be handled by a lay executor." - Appointment of a Professional Executor, The Law Society 2011
Though this guidance is not binding, it does show that a solicitor ought to act in an estate's best interests. That may mean renouncing probate.
Need a grant of probate?
Not sure where to start?
The Probate Wizard guides you through the process from start to finish.
You could make significant savings compared to the cost of using a solicitor.
Get started for free or find out more.
Visit www.thelawwizard.com to find out more and get started for free.
Your feedback
For support, experiences and suggestions.
blog comments powered by DisqusShare and print this page