Probate Solicitors vs Independant Probate

It is perfectly legal for an executor or administrator to take up probate individually without the help of a probate solicitor. Many feel that the process is personal and should be kept within the family as much as possible while others may want to carry out probate individually as they feel that it may save them money.

Although there may be credible points on either side of the argument on whether to use a solicitor or not, here are a few reasons as to why you may want to use a solicitor during probate.

  • The death of a loved one brings its own heartache and stresses within itself. Therefore the executor or administrator of the will may be finding grief hard enough without the added stresses of worrying about managing the estate of the deceased. Having a probate solicitor to help can ease the pain of an already depressing situation giving the personal representative the time to grieve.
  • Grief can cause delay and probate has time limits that must be adhered to, for example the time limit to pay inheritance tax. Instructing a solicitor will ensure that these deadlines are not missed, therefore penalties are avoided.
  • Mistakes can be avoided if a solicitor is used. This is because solicitors are highly experienced in their area of expertise and would have dealt with many probate cases in the past. Therefore they will be used to all the paper work and other complex issues that probate can include.
  • If there are family disputes over the will a third party will negate some of the personal issues that may arise if the executor or administrators choose to act alone. As a solicitor is a third party administering the estate in regards to the instructions of the will or rules of intestacy will be easier in the event of family feuds regarding inheritance.
  • The cost of a solicitor can be taken out of the deceased’s estate therefore any money that executors or administrators put towards solicitors costs can be reimbursed later on.

It must be remembered that it comes down to personal choice when deciding whether to instruct a solicitor or carry out probate independently. If you are considering using a probate solicitor then ensure you get one suited to your case.