The pitfalls of ‘do it yourself’ probate

25th July 2019

The pitfalls of ‘do it yourself’ probate

25th July 2019

In recent years we have seen an increase in the number of people dealing with their own probate applications.

Of course, the internet has made this much easier, and when wills are simple and straightforward and the person dealing with the probate is confident with the various requirements from HMRC, it can save money.

But there are pitfalls and we are often contacted by people after things have gone wrong.

There are eight main steps to a probate application, as outlined by HMRC:

  • Check if there’s a will. There’s a different process if there’s no will.
  • Value the estate and report it to HMRC.
  • Pay any Inheritance Tax that’s due.
  • Apply for probate.
  • Collect the estate’s assets, for example money from the sale of the person’s property
  • Pay off any debts, for example unpaid utilities bills.
  • Keep a record (‘estate accounts’) of how any property, money or possessions will be split.
  • Pass the estate (‘distribute the assets’) on to the people named in the will (‘beneficiaries’).

Not all estates require a grant of probate, it may not be necessary if the deceased’s estate was worth less than £15,000 or if their assets were held jointly and are passing to a surviving spouse or civil partner.

Here are some things to consider when you’re deciding whether to handle your own probate application:

Grief – You and your family are likely to be grieving over the loss of a loved one. Sometimes it can help to have something else to focus on, and grief affects people in different ways, but very often we find that people find It easier to hand over the probate process to a professional.

Cost – Conducting your own probate application can save you money. But if anything unexpected happens it could end up costing a lot more. Handing over to a solicitor half way through an application could end up more expensive than if you had instructed them in the first instance. The probate fee is also more expensive if you ‘do it yourself’.

Time – Probate applications which are conducted by a solicitor are usually dealt with more quickly. Complicated wills can take longer and we would highly recommend engaging a solicitor from the outset if you feel there may be complications.

Legal procedures – Some of the procedures can be complicated. Your lawyer will have done this hundreds of times before, but if its new to you, aspects of the probate process can be complicated and confusing.

Responsibility – If you decide to carry out this work yourself it’s important to remember that you could be held financially and legally liable for any mistakes that you make. If you decide to go it alone, make sure you feel confident you can fulfil all the requirements.

If you would like to discuss a will or probate with a member of our team contact Karyna Squibb on Karyna.squibb@cartridgeslaw.co.uk or call 01392 286774.