Back in 2001, I was somewhat concerned that my Dad would stop talking to me, as I qualified as a Solicitor. He had always taught me from a young age that lawyers specialise in daylight robbery!
Perhaps that’s the root of why I strive for great value for my clients.
What have I learned about why people hate dealing with Probate lawyers? Basically, there are 5 main reasons, which can be summarised as follows:
1. They talk a different language
You know as well as I do, that if you’re going to instruct someone to get a job done, a big job that’s quite expensive, you need to be able to communicate. If your adviser speaks in such a different language that you don’t feel you’re communicating, listen to that instinct early on, and don’t ask them to work for you.
The solution? Find a professional who you understand and who you feel understands you.
2. They charge to talk
What does an hourly charge actually mean? Well, a lawyer generally chops up every hour they work, into ten units of 6 minutes. This means that if they charge say £250 per hour, a quick telephone call that lasts no more than 5 minutes, costs an estate £25. Plus the VAT of course.
The solution? Find a specialist who is able to provide a fixed fee. If you find that you have a chat about your weekend or theirs, when speaking about the latest stage the estate administration has reached, you absolutely will not be charged for the call. A truly fixed fee, includes everything.
3. They don’t keep you informed
Year after year, the Law Society informs its members that the biggest cause of upset and therefore complaints against solicitors, is not being kept informed.
We are repeatedly reminded that even if the update is that there is no meaningful progress, in that we’re waiting for a valuation or response from a bank or building society, a client is entitled to be kept informed about that lack of progress while we are at the mercy of other institutions.
The solution? Have a conversation at the outset and discuss what you expect and what your lawyer expects. If you’ve ended up with Cadbury’s shares to deal with as part of an estate, they are technically a US asset, and therefore that particular asset will take months to deal with. As long as you’re told about this, you’ll understand why things are taking time.
4. You’re forced to use them
If your parent or spouse, appointed their lawyer, bank or other professional to act as their executor, you can bet your bottom dollar that the professional won’t give that role up in a hurry.
The reason is, Probate work can be profitable.
What if the family ask the professional to step down? They’re likely to be told that they’re honouring the person’s wishes, who appointed the firm or company, and of course the person is no longer here to confirm or deny this.
The solution? In your own lifetime, think about who your executors should be. I always suggest that your own family is your starting point. If you have issues that justify a professional being involved from the outset, appoint a professional, who will remain neutral. If you think your family may just need a helping hand, appoint your family and leave it for them to decide if they need help when the time comes.
5. Fees are surprisingly high
I have had calls over the years, from families who have got to the end of the administration of an estate, and been shocked by the fees charged.
You may find fees high, but this should never be a surprise at the end of the whole process.
The solution? Have a frank conversation at the outset, to establish how you’ll be charged. Even better, don’t agree a ticking clock in the first place, but rather, insist on a fixed fee which includes literally everything, down to the extra Grant copies (50p each).
If you’d like a chat with Jane about any of these ideas please call her at JC Independent Wills & Probate on 01727 840 240.