Choosing your lawyer when someone dies 

Thankfully, dealing with someone’s estate after they have died is not something you are likely to have to deal with more than once or twice in your life. 

It commonly happens when a person loses their parent or their partner and they are either appointed as executor (where the person who has died left a will), or they act administrator of the estate (if there was no will and they are entitled to do so under the intestacy rules).

This is a difficult time, and the majority of people will instruct a lawyer to assist them in sorting out the estate. So, how do you choose this lawyer?  Bear in mind that most wills are made and held by lawyers and a lawyer at the firm holding the will is in most cases the one instructed by the executor. This is simply because this lawyer is often the only lawyer the executor will have spoken to.  They have not shopped around and they may have little idea as to whether or not the estimated fees are competitive and indeed, if the law firm holding the will is the best choice for them. These are my tips if you find yourself in this position:

1. Always remember that the will belongs to you (the executor), unless the law firm  themselves are appointed as executors, and you have the right to retrieve the will and instruct a different lawyer to act for you. 
2. You may have little knowledge of the firm holding the will. You can check out their website (for prices and commendations) and also look at google reviews. 
3. It’s always advisable to consider instructing an accredited member of The Association of Lifetime Lawyers, as their accreditation serves as a quality mark for specialists in this area of law who must meet strict criteria to qualify.
4. Personally, I would want a lawyer who I can relate to and understands my needs. People buy from people. Therefore, it may well be worth phoning the lawyers in the first instance and arranging an initial in-person appointment with the lawyer who would potentially be acting for you to see if you have a rapport. 
5. Price is also key, and you can shop around. Lawyers charge vastly different fees for probate and estate administration services. Beware of very cheap quotations as they are likely to have hidden fees and aren’t necessarily the best. Many lawyers still charge on an hourly basis but for straightforward cases you are entitled to request a fixed fee (the lawyer does not have to provide this but many other lawyers will). If you are unsure if this estimate or quotation is competitive, you are entitled to obtain alternative quotation, and I would encourage you to do so.
6. Always instruct a regulated and qualified lawyer, such as a solicitor or chartered legal executive.
7. The final pearl of wisdom I will offer you is a personal recommendation is often best, so ask around.
8.  

Andrew Gullett

Solicitor, Needle Partners
Andrew is a highly experienced senior solicitor who has specialised in acting for older and vulnerable clients for nearly 20 years. He has a natural empathy and understanding of the needs of the older client. 
www.needlepartners.com