I am one of three executors of will and beneficiaries to my mother's will. My other two brothers have nominated a solicitor to proceed with probate, however I haven't agreed to having this solicitor do the work until they provide an estimate of the costs involved.
They state that they are unable to provide this estimate as yet, but have supplied their costs structures...e.g. hourly rate, various fees, etc. I don't understand why they can't provide an estimate as they have the will details, which is basically a house that was shared with my mother and one brother, and this has been left to him, and then there is about $35k cash in the bank, to be split equally between the three brothers.
I would think that given that this is all of the assets, that they could provide an estimate? Further to this, the solicitor then wrote to me to see if I would relinquish my role as an executor of will, but I refused.
I have now received a letter to advise that the solicitor has been advised by my other two brothers to proceed with the application for probate on my mother's will, and they have asked if I want to join with them in this application. I have been given 4 working days to respond. (from date of email)...and still no response on a cost estimate to process the estate.
Legally can they do this without all executors agreeing? I am not against the processing, I just don't want to give a "blank" cheque to the solicitor. If I don't agree to join the solicitor, what would the outcome be, assuming that they proceed and gain probate and then distribute the estate as per the will.
My concern is that the brother who receives the house from the estate, in my opinion, should pay for most of the legal fees given that he is gaining a million dollar property. The cash component in the estate, may be all taken up with administrating the estate because of the house component and solicitor fees, and therefore little or no funds would be left to distribute to the other two beneficiaries, which in my opinion would be unfair.
I was hoping to obtain some idea of estimated costs, then assess the figures overall, and trying to change the split of the cash component to perhaps only between two brothers, given the value received by my other brother with the house.
I would greatly appreciate any help that can be provided...
Many thanks
They state that they are unable to provide this estimate as yet, but have supplied their costs structures...e.g. hourly rate, various fees, etc. I don't understand why they can't provide an estimate as they have the will details, which is basically a house that was shared with my mother and one brother, and this has been left to him, and then there is about $35k cash in the bank, to be split equally between the three brothers.
I would think that given that this is all of the assets, that they could provide an estimate? Further to this, the solicitor then wrote to me to see if I would relinquish my role as an executor of will, but I refused.
I have now received a letter to advise that the solicitor has been advised by my other two brothers to proceed with the application for probate on my mother's will, and they have asked if I want to join with them in this application. I have been given 4 working days to respond. (from date of email)...and still no response on a cost estimate to process the estate.
Legally can they do this without all executors agreeing? I am not against the processing, I just don't want to give a "blank" cheque to the solicitor. If I don't agree to join the solicitor, what would the outcome be, assuming that they proceed and gain probate and then distribute the estate as per the will.
My concern is that the brother who receives the house from the estate, in my opinion, should pay for most of the legal fees given that he is gaining a million dollar property. The cash component in the estate, may be all taken up with administrating the estate because of the house component and solicitor fees, and therefore little or no funds would be left to distribute to the other two beneficiaries, which in my opinion would be unfair.
I was hoping to obtain some idea of estimated costs, then assess the figures overall, and trying to change the split of the cash component to perhaps only between two brothers, given the value received by my other brother with the house.
I would greatly appreciate any help that can be provided...
Many thanks