Final Duties, the UK’s first independent Probate Broker, is making legal history today when it launches an unprecedented High Court legal challenge to remove a professional executor from a will.

The legal case involves the late Mr Dennis Griffiths who appointed Will Drafters Ltd as sole executor of his will. Will Drafters insisted on administering the estate against the wishes of both beneficiaries and quoted a fee of 1.75% of the value of the estate, which works out to £7,662.65 + VAT and disbursements. Mr Griffith’s stepson, Mr David Khan obtained a quote through Final Duties for £3,250 plus vat and disbursements. Will Drafters have repeatedly refused to renounce their appointment.

Mr Khan added “My late father would have turned in his grave if he knew that his estate was being charged £4,412 more than necessary for Probate fees. It is high time that this unjust practice is challenged.”

Final Duties has agreed to fund a legal challenge on behalf of Mr Khan. An application has been made to the High Court under Section 116 of the Supreme Court Act 1981 to remove Will Drafters as executor. The Act is often used to remove an executor who seeks the Court’s permission to retire but it can also be used where the executor has failed to progress the administration of the estate, or is unfit to act. Final Duties is not aware of any previous case where it has been used to remove a professional executor solely on the grounds that they are overcharging.

Commenting on the case Adam Walker, Managing Director of Final Duties said: “In most cases professional executors do not want to act against the wishes of the beneficiaries and we are able to persuade them to renounce. However, at least once a week we come across a case like this where a bank, solicitor or will writer refuses to renounce. We are proud to fund this important challenge to show that beneficiaries need not be held to ransom over probate fees.

Winning this case would establish that beneficiaries have the right to appoint their own executors rather than being forced to use the person named in the will. This could save consumers tens of millions of pounds a year in excessive charges.”

Caption for photograph: From left to right: Michael O’Sullivan, Barrister at 5 Stone Buildings with Mr David Khan, Mr Griffith’s stepson and Adam Walker managing director and founder of Final Duties today making legal history today when they launched a unique High Court legal challenge to remove a professional executor from a will.

Notes to Editor:
What the law says:
If a bank, solicitor or will drafter is named in a Will as an executor or joint executor the law gives them the absolute right to act. The only way to remove an executor is to make an application to the High Court.

Comment:
In 2008, 189,000 Grants of probate were obtained by solicitors. We estimate that in around 50% of these cases the bank or solicitor who applied for probate was named as an executor in the will. This means that around 95,000 people every year find themselves in this situation. Based on an average estate size of £137,000 we estimate that the total amount being overcharged could be as much as £130million p.a.

Final Duties was set up by Adam Walker, a 49 year old management consultant, as a direct result of the treatment he received following the death of his father.

For more information visit www.finalduties.co.uk

For media information, contact Stephen/Rachel at srf on 01256 701010 or email rachel@communicationmatters.co.uk

Contact Name: Stephen/Rachel – 01256 701010
Final Duties Limited
Beaumont House
Heronsgate
Hertfordshire
WD3 5DP
United Kingdom

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