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can a solicitor who drew up a will also be a witness.also can

Resolved Question:

can a solicitor who drew up a will also be a witness.also can the said solicitor then act for the execetor of the will to help with probate etc.can the said solicitor be a good friend of the execetor
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

Hi,

 

Thanks for your question.

 

Yes, that's all perfectly legal and very common in fact. Solicitors are often witnesses to wills as it tends to help to ensure the Will is enforceable. They are also very commonly named as executors, sometimes but not always with another private person, so that they can ensure the proper and prompt administration of the estate.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.


Kind regards,

 


Tom

Customer: replied 4 years ago.
the solicitor concerned is not the theof the will but is acting for the executor.he is also a family friend of the executor.the children who are named in the will believe it may be a conflict of interest as the executor who is the main benificary and them do not converse.do the children have the right to ask what is in the deceaseds bank accounts etc and how will they know if the executor is beeing truefull as her and solicitor are best friends
Expert:  Thomas replied 4 years ago.

Hi,

 

Solicitors who are not actually named as the executors can still be instructed by the executors to help in the administration of the estate -again this is very common.

 

If the children are named as beneficiaries then they have a right to see the estate accounts to ensure that the estate is administered correctly.

 

If they have doubts that the executor will administer the estate correctly, or might defraud the estate then they should write to the executor setting out their concerns (you can also ask about whether they consider there is a conflict of interest). If this is not dealt with satisfactorily then they can instruct a different solicitor to act on their behalf (with the other solicitor remaining as acting for the executor - so there are two firms involved in the probate) - this is what is called "contentious" probate. It can get quite expensive but it is sometimes necessary when parties have considerable doubts or concerns.


I hope this clarifies, if so please kindly click accept.

 

Kind regards,

 

Tom

 

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6599
Experience: BA (Hons), PgDip, Practising Solicitor
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