My sister has a mirror will with her husband recently deceased. Everything left to each other and home in joint names. Their solicitor was named executor and insists that it is necessary to go to probate although the only monies at issue are Nationwide accounts totalling £21,000. He has asked for house and property valuations etc etc and has already taken over £1000 pounds on account of anticipated costs. As there are no inheritance tax issues between spouses in mirror wills of this nature, is the costs of probate necessary as the elderly lady in question can ill afford it?.
November 27, 2008 by Anonymous
This has the smell of opportunitism of the worst kind. It is quite ridiculous to incur probate fees of this nature in a small estate.
I am sure that if suitable indemnities were offered to the Nationwide, they would agree to release the money simply on production of the death certificate.
The law is that an executor has a duty of care towards a beneficiary. Thus this solicitor has a legally enforceable duty not to run down the residue to which your sister is entitled. He should be invited to renounce his appointment as I am sure that your sister, with your help, is more than capable of carrying out the quite straight forward winding up of this estate.
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