Read more articles in: Blog, News, Rachel Blackburn

Don’t fall into the DIY probate trap

When faced with the administration of a loved one’s estate, many people take on the task themselves and fail to consider the challenges of handling the process.

We find that executors and other loved ones feel the pressure particularly when it comes to obtaining probate – the legal right to administer someone’s estate after their death as detailed in their Will.

Our Head of Wills, Probate and Older Client Services, Rachel Blackburn, is here to guide you through the challenges of DIY probate – and why advice from a specialist is the key to a straightforward experience.

The legal requirements of a grant of probate

Probate is required to grant an executor access to a person’s estate and the right to pass assets on, including bank accounts or property.

Rachel said: “For this reason, there are legal requirements which must be met for probate to be granted, which may be poorly understood without advice from a specialist.

“For example, you will need to value the estate and pay any Inheritance Tax (IHT) due before applying, which can be difficult to do by yourself.

“It is easy to overlook an asset or value it incorrectly, potentially leading to disputes with beneficiaries or an over or underpayment of tax.”

Financial liabilities

If mistakes are made during the probate process, such as incorrect payment of IHT or other debts, you as the executor may be personally liable for the shortfall.

Probate specialists can advise you on the steps you need to take before applying for probate, particularly meeting the financial obligations of the estate to avoid future debts.

Managing disputes

When two or more parties disagree over who can apply for probate or whether the estate is being administered properly, disputes can arise.

“Navigating these without expert advice can be difficult,” said Rachel, “as you may need to go through the Courts to reinforce your rights to apply for probate.

“You may also need to provide evidence that you are distributing assets according to a valid Will to resolve a dispute over administration.”

In short, DIY probate is possible but presents a significant amount of risk to you as the executor of an estate.

It is always best, particularly for more complex estates where property sales or substantial wealth are involved, to go through the process with a probate specialist who can advise you on how to navigate these complexities with ease.

Contact the Mander Hadley Probate team for further support and guidance.

Rachel Blackburn

Head of Wills, Probate and Older Client Services

I joined Mander Hadley’s Wills, Probate and Older Client Services Team in 2018.I specialise in the preparation of Wills, Probate and estate administration, trusts and trust administration and Lasting Powers of Attorney. I also have experience of care fee planning and appeals of Continuing Health Care decisions.

Latest posts by Rachel Blackburn (see all)