In some cases, it is perfectly possible to handle probate yourself as the executor of a will. However, most people decide to use the services of a trusted probate solicitor to handle the process for them during this time of grief.
A lot of people find it hard to grasp the legal process involved in obtaining a grant of probate or letters of administration, whilst dealing with the emotional turmoil of losing a loved one. A probate solicitor is completely independent and has no emotional ties, plus they handle cases like this on a daily basis, meaning they’ll be able to deal with the legalities with a clear mind, sound judgement and legal experience.
Also, it may benefit you to enlist the services of a probate solicitor if the case has issues that may turn out to be problematic, for example:
- The validity of the will is being disputed and/or dependents were left out of the will (and are likely to query this).
- The deceased died without a will.
- The estate is vast and/or there are complex details, such as trust funds.
- The estate is bankrupt.
- The estate involves foreign property/assets or the deceased resided outside of the UK.
- The value of the estate is still receiving a regular income.
- The value of the estate is on the boundary of the Inheritance Tax threshold.
If you decide to use a probate solicitor, it may be easier to use the professional who helped to draw up and store the will, however this is not a must-do. We’d recommend enlisting the services of a probate solicitor you trust will do a good job and you feel comfortable with.
This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on the 14th February 2020 and is correct at the time of publication. With decades of experience in almost all areas of law, Peter is happy to assist with any legal issue that you have. His profile on the independent Review Solicitor website can be found Here