Executor varying a will
Discussion
To cut a long story short, my late sister's will was about 10 years old and is badly worded so it doesn't take into account that she had 2 children after the will was made. She had been talking about redoing the will a few months before she died. However, she never got round to it and the will as it stands names the eldest child as sole beneficiary.
The current legal guardians of her 3 surviving children (a different one for each) are all in agreement that the inheritance (not massive) should be split 3 ways. The beneficiary, admittedly under age, has also stated that this is what they want.
Now the problem is that the solicitor acting for the estate has said that they would want it dealt with seperately by another solicitor, but believes that since there is mutual consent, that it's just a case of making some sort of application under the inheritance act.
The guardians of the kids have been trying to find a solicitor. So far, they have either been told that it's down to me as executor to do this for them, or they want £300 an hour to research it.
As stated, the solicitor I'm already using has already batted this off, so I'm a bit stuck.
We have 5 weeks or so left to make any application. Is there any way we can cut the solicitors out? Where can I get advice? Obviously, I'm going to go back to my solicitor too.
The current legal guardians of her 3 surviving children (a different one for each) are all in agreement that the inheritance (not massive) should be split 3 ways. The beneficiary, admittedly under age, has also stated that this is what they want.
Now the problem is that the solicitor acting for the estate has said that they would want it dealt with seperately by another solicitor, but believes that since there is mutual consent, that it's just a case of making some sort of application under the inheritance act.
The guardians of the kids have been trying to find a solicitor. So far, they have either been told that it's down to me as executor to do this for them, or they want £300 an hour to research it.
As stated, the solicitor I'm already using has already batted this off, so I'm a bit stuck.
We have 5 weeks or so left to make any application. Is there any way we can cut the solicitors out? Where can I get advice? Obviously, I'm going to go back to my solicitor too.
Gareth is correct - it's a relatively straightforward process as I understand it as long as all those concerned agree (I don't do much probate work but I have a colleague who does and can ask what the mechanism is).
I'd have thought that, if required at all, the application to the court is in effect just a rubber-stamping exercise if everyone is in agreement, and the cost should therefore be comparatively modest.
EDITED TO ADD: Thinking about it, I suspect the issue here that requires court approval is because it involves minors - they are deemed not to be able to consent to this sort of arrangement and so the court has an inherent supervisory jurisdiction. On the facts as stated, however, it should be a formality.
I'd have thought that, if required at all, the application to the court is in effect just a rubber-stamping exercise if everyone is in agreement, and the cost should therefore be comparatively modest.
EDITED TO ADD: Thinking about it, I suspect the issue here that requires court approval is because it involves minors - they are deemed not to be able to consent to this sort of arrangement and so the court has an inherent supervisory jurisdiction. On the facts as stated, however, it should be a formality.
Edited by Lurking Lawyer on Thursday 20th August 13:27
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