Unfair Executor Fees

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Is This You?

  • Did you or a loved one make a Will through a bank or other professional adviser?
  • Have you been charged excessive or unfair fees by the person or company who was appointed to administer the estate of a relative or close friend?
  • Did a professional executor fail to provide clear information on the level of fees involved at the time the Will was made?

If this applies to you, then you may have grounds for bringing a No Win No Fee claim. Call us for free, no obligation advice or fill in the online form and we’ll call you back.

We would like to thank you, we would be pleased to recommend your company to friends and family. Mr & Mrs Evans

Who Are We?

We are an award-winning team of solicitors who specialise in professional negligence and financial mis-selling claims. We use our many years of experience and knowledge in this area to obtain and scrutinize relevant documents from financial advisers, stockbrokers, CFD providers and other associated entities.  Using our specialist knowledge of the law of contract and negligence we identify any grounds for action. We submit written complaints, detailing every allegation and are successful in most of our cases.

How Much Am I Entitled To?

If the fees and charges that have been incurred on the administration of an estate are deemed to be unfair or excessive, you can look to claim back the difference between what was paid and what was a reasonable amount to pay. The extent of a potential claim is illustrated by the following hypothetical examples;

Mr S had a home and savings worth £300,000 upon his death. He previously made a Will at the local branch of his bank who appointed themselves as his executor. They charged a fee of £12k (4% of the estate value) for their services in administering the estate. Mr S was not made aware of this charge when he made his Will and could have obtained a fee of £3k (1% of the estate value) from another company. This is a difference of £9,000 which his estate and heirs have been overcharged.

Mrs T had an estate worth a total value of £500,000 when she died. She used a professional company to draft her Will and was not informed that they would make a charge of 3.5% of the estate value for acting as her executors. The company therefore charged a fee of £17.5k for administering the estate. Mrs T’s local Solicitor would have charged her family just £5k for the same work. They could have therefore saved £12,500.

Neglect Assist can investigate and advise upon the level of loss suffered and may be able to represent you in a No Win No Fee claim.

What Do We Charge?

We offer an absolute and guaranteed No Win, No Fee agreement, it’s that simple. If successful, we take a fee of up to 20% (plus 4% VAT) * Of the award of compensation. If unsuccessful, our clients pay us nothing.

* We reserve the right to apply a deduction in more complex or higher risk cases of up to 30% plus VAT. Typical examples might be where there are multiple parties to claim against, where time limits for claiming may have passed or new areas of law are tested.

About Claims For Unfair Executor Fees

The distribution of a person’s property and other assets following their death is usually made in accordance with the wishes set out in that person’s Will.

It is standard procedure for the person making the Will to name the people they want to be responsible for administering their estate and for distributing their assets to the intended beneficiaries. Anyone acting in this capacity is known as an executor.

It is not compulsory to name a professional executor in the Will, but many people choose to do so…

Many people seek professional advice and assistance when it comes to drafting their Will. In recent years, this has become increasingly common as many companies offer a ‘free’ Will writing service. This often leads to a professional being named as either the sole executor of the estate, or as a joint executor alongside family members or close friends.

It is not compulsory to name a professional executor in the Will, but many people choose to do so as the administration of an estate can appear to be time consuming and potentially confusing to those without prior experience of such dealings.

A professional executor will nearly always charge some form of fee for their work in administering an estate. This fee is commonly charged as a percentage of the estate value. A person’s estate comprises all of their assets once debts and other liabilities are accounted for. It includes the value of things such as;

  • Homes and other properties
  • Share holdings
  • Jewellery collection
  • Savings
  • Investments
  • Vehicles
  • and any other personal belongings

A person could therefore conceivably have a sizeable estate upon their death (particularly if they are a homeowner) and it follows that the potential fees of a professional executor could also be significant. Any fees paid to a professional executor can potentially reduce the size of the estate and consequently reduce the amount received by a beneficiary of the Will.

It is therefore of vital importance that the fees of a professional executor are fully disclosed and explained to the person making the Will at the time the advice is given.

The client needs to be given the opportunity to consider whether the proposed charges represent good value or whether a cheaper alternative may be available elsewhere…

As with any other service that is paid for, the client needs to be given the opportunity to consider whether the proposed charges represent good value or whether a cheaper alternative may be available elsewhere.

If this has not occurred, the estate and beneficiaries may have grounds for bringing a no win, no fee claim. A professional adviser will typically have indemnity insurance or other adequate funds to cover the cost of such claims.

A failure to advise on fees will prevent the person who is making their Will from making an informed choice on who to appoint as executor. This can potentially lead to thousands being charged in fees when it comes to administering the estate which could have been reduced or even avoided entirely.

In some situations, the person making the Will may not have even been aware that they were appointing a professional executor.

If you believe, when making a Will, a professional adviser

  • Failed to properly explain the fees and charges associated with an executor appointment
  • Failed to make it clear who was being appointed as executor
  • Led you or a loved to incur excessive or unfair charges on the administration of an estate.

or acted negligently in any other way, please telephone for free, without obligation advice or fill in the short enquiry form on the right and we’ll call you back.

FAQs

Who is an executor?

These are the people named within a Will to administer the estate of the testator following their death. The executor is responsible for gathering the estate assets together and distributing them to the beneficiaries named within the Will.

How do executor fees arise?

If the person who makes the Will names a professional as an executor, it is likely that a fee will be charged by this professional for their services in administering the estate. The fee is commonly charged as a percentage of the estate value. It may be the case that the person making the Will did not know they were appointing a professional as an executor.

Who can bring a claim for unfair or excessive executor fees?

We can advise and offer potential assistance to anyone who was named as a beneficiary in the Will. We can also help you if you were not a beneficiary but acted as a joint executor of the estate.

How much am I entitled to?

If the fees and charges that have been incurred on the administration of an estate are deemed to be unfair or excessive, you can look to claim back the difference between what was paid and what was a reasonable amount to pay. Neglect Assist can investigate and advise upon the level of loss suffered and may be able to represent you in a No Win No Fee claim.

What do we charge?

We offer an absolute and guaranteed No Win, No Fee agreement, it’s that simple. If successful, we take a fee of up to 20% (plus 4% VAT) * Of the award of compensation. If unsuccessful, our clients pay us nothing.

* We reserve the right to apply a deduction in more complex or higher risk cases of up to 30% plus VAT. Typical examples might be where there are multiple parties to claim against, where time limits for claiming may have passed or new areas of law are tested.

What if my claim has already been rejected?

We will still look at this for you. We have taken on and been successful in claims that have been rejected by a surveyor or their insurers.

Will I have to fill out loads of paperwork?

No, we will be able to do most of the necessary paperwork for you and we can obtain any relevant documents from the surveyor and from any other connected parties on your behalf. You will have to check the details of your claim before it is submitted, but we will assist you with this.

What do I do now?

Call us or email us. There is absolutely no obligation to proceed and if you tell us what’s happened, we will briefly explain if we think you have a claim and the procedure for filing a claim and the time limits that apply.

Call 0800 152 2620 or fill in the form today for FREE NO OBLIGATION ADVICE
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