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Who is liable to pay fees if a solicitor was appointed by an executor to administer a will? |
I am an executor on my grandfathers will and am concerned that the estate may not cover payment of solicitors fees as there is now a claim on the estate by the Department of Works and Pensions. Who is liable for the solicitors costs - the will actually states 'I authorise my executors to incur such expense in implementing these provisions as they shall see fit. Does that then mean that the solicitor would have to get in line as a creditor? The solicitor is authorised to recover costs from the funds in the estate. As I understand it, the DWP will have to claim from the residue, i.e. the funds which remain available for distribution after legal fees have been paid. Another priority claimant would be Inland Revenue. The solicitor will be paid first from the estate, and the other creditors will be paid after that. The solicitor will have first claim on the estate. |
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