NSW Probate and Father's WIll - Solicitors and Conflict of Interest

I'm not 100% on this but as long as the other beneficiaries were okay with you not using ROB law for the administration of the estate, I don't think that ROB law themselves would have grounds to challenge you deciding not to use them. You don't owe them any duty, fiduciary or otherwise. I'm interested to hear other opinions.

 

From what I know, you would need a court order to vary the will. I remember on a forum a few years ago where a poster had a worse situation where a firm had closed and sold on its business to a firm that had extraordinary fees for doing probate. That firm fought the executor to vary the will.

 

Thanks for the input winston wolf! I stand corrected.

 

For the sake of brevity and clarity, I'll refer to just one executor.

1. First up, it's important to be clear about whether or not the lawyer is the executor,
   or if the executor (say, you) is simply the lawyer's client.
   I am assuming in this answer that the latter is the case.
   
   
2. It is part of an executor's duty, as they do their work* to preserve
   as much of the estate as possible for the beneficiaries.
   
   
3. To my mind, it is consistent with that duty** for an executor
   to choose a solicitor whose fees are "reasonable in all the circumstances".***
   
   
4. Obviously you'd have to pay "ROB Lawyers" for their work up to date,
   but as the client, I can't see why an executor can't take their business
   elsewhere if they choose.

______________________________________________________
* paying the deceased's bills and debts, dealing with property, financial assets, bank accounts etc

** You sometimes hear it called the "duty to act with due economy".
(aka "don't blow it all on lawyers' fees")

*** Note that fees can vary a lot, depending on the individual facts and circumstances.
And sometimes, things can be more complex, and require more work, than you'd think.

 

It's not the mere application for Probate that can be the hard part...