File name on probate matters

[Claire Mills]

When dealing with probate matters – how do people open their client and matters?

We open our client name as the Executors and then the description is the Administration of the Estate of “the deceased name”. Is that how others do it? As the Executor is the person legally responsible for the deceased’s estate.

We have a Solicitor who wants to open the file in the deceased name and then name the Executors within the description.

[Marc Pegg]

We do the same Claire. The executors are of course your client providing the instructions.

Kind regards
Marc

[Geoff Smith]

Mark is (almost) spot on.

The executors are your client so the client name should be Executors of ??? (deceased) and the matter as appropriate – for example you will have one matter titled “Probate” and at least (usually) one other matter “Sale of xxx”.
All funds and transactions outside of any property sale should go into the probate matter.
Any transactions in relation to a property sale (if any) should go into the second matter and as and when completion takes place the residual proceeds can be transferred to the probate ledger.
Fund

• This reply was modified 1 week ago by Geoff Smith.

[Geoff Smith]

Just a technical correction to my post.

The preferable way to style the client would, in my opinion be –
eg
“ Smith, John (deceased) – Executors of”

as this may assist when doing a name search or locating on a client name list.

[James]

You’re correct in your handling.

The client relationship is established with the living executor, they are the individuals who instruct the solicitor and are legally responsible for administering the estate, paying debts and taxes, and distributing assets to the beneficiaries making

[Claire Mills]

If the client names is Smith, John Deceased does that not mean you are opening the client in the name of the deceased as it is the client name?

The preferable way to style the client would, in my opinion be –
eg
“ Smith, John (deceased) – Executors of”

[Phil Invernizzi]

We open them all in the DECD name but add the executors as additional contacts. Our case management system has specific fields for executors.

This allows us to link all matters from Will to probate – any related conveyancing matters are opened the same to keep it all under the same umbrella.

It’s not perfect because the user has to manually pick the executor when issuing bills or letter rather then send them out to the decd but it’s the best way we’ve found to keep tabs on related matters.

P.

[Geoff Smith]

Phil

A deceased person cannot be a client – they have no capacity in which to be able to give instructions.

The client is – and always will be – the Executor/s in a probate matter.

I’m surprised that your auditors don’t pick you up on this.

[Geoff Smith]

No – because it is clearly showing the client to be the executors.

If it does not show “executors of” then that clearly, and incorrectly, makes the deceased person the client.

I added the correction as an afterthought because starting the client name with “The” may well have too much time spent searching.

I had, pre retirement, over 40 years in legal accounting and never was the styling I suggested ever questioned.

[Claire Mills]

There is no questioning on your styling.

It’s just a question.

We enter the Executors personal names and then make reference to the deceased name in the description.

[Geoff Smith]

Claire

Your original post indicated a dispute between you and one of your solicitors as to the correct styling of the account.

My replies have given a 100% guaranteed solution which, if adopted, will settle this dispute and any going forwards.

If you are happy with how you do it then stand your ground – my own experiences are that solicitors usually think they know best on everything.

[Author]

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