My Brother recently passed away with no will in Victoria where he also resides. We have confirmed that both my Parents are next of kin.
Issue #1 - Went to see probate solicitors on 02/09. My brother's personal details were provided by myself thinking that they would require them in order to provide us with a quote based on whether the estate might be complex in nature. We were advised that my brothers estate would be standard with no anticipated issues.
At no stage in the meeting, which my parents were not present, was confirmation given to proceed and when the cost issue was raised, no definite figure was provided. Since found out that the solicitors commenced contact with all relevant institutions on 03/09 by informing them that they would be acting in the administration of my brothers estate. On 05/09, I received by email the cost schedule and the Acknowledgement Form for my parents to sign in order to retain them.
My parents received the hard copy in the mail on or around 08/09. I have notified the solicitors that I wish for them to cease all work which they have done. Problem is that now I am having trouble getting written confirmation from them so that I can pass it to the institutions involved so that they can deal with my parents instead.
Please confirm that I/we are not liable for any costs to the solicitors for any work which they would have commenced without the signed Acknowledgement Form.
Issue #2 - my brothers estate is relatively simple (2 investment properties with existing mortgages which will be taken over by myself and youngest brother from my parents "selling" the properties to us, no spouse or dependents etc, my father and youngest brother share 50/50 in my brothers superannuation). My question here is that I am looking to organize the administration of my brothers estate by utilizing a will kit.
I am aware that I will need to apply as Executor and Letter of Administrations for my parents. I am choosing this avenue as I wish for the administration process to be personal and not clinical if I had allowed solicitors to be involved.
Issue #1 - Went to see probate solicitors on 02/09. My brother's personal details were provided by myself thinking that they would require them in order to provide us with a quote based on whether the estate might be complex in nature. We were advised that my brothers estate would be standard with no anticipated issues.
At no stage in the meeting, which my parents were not present, was confirmation given to proceed and when the cost issue was raised, no definite figure was provided. Since found out that the solicitors commenced contact with all relevant institutions on 03/09 by informing them that they would be acting in the administration of my brothers estate. On 05/09, I received by email the cost schedule and the Acknowledgement Form for my parents to sign in order to retain them.
My parents received the hard copy in the mail on or around 08/09. I have notified the solicitors that I wish for them to cease all work which they have done. Problem is that now I am having trouble getting written confirmation from them so that I can pass it to the institutions involved so that they can deal with my parents instead.
Please confirm that I/we are not liable for any costs to the solicitors for any work which they would have commenced without the signed Acknowledgement Form.
Issue #2 - my brothers estate is relatively simple (2 investment properties with existing mortgages which will be taken over by myself and youngest brother from my parents "selling" the properties to us, no spouse or dependents etc, my father and youngest brother share 50/50 in my brothers superannuation). My question here is that I am looking to organize the administration of my brothers estate by utilizing a will kit.
I am aware that I will need to apply as Executor and Letter of Administrations for my parents. I am choosing this avenue as I wish for the administration process to be personal and not clinical if I had allowed solicitors to be involved.