Do I need a solicitor to apply for probate?

Dealing with the death of a loved one is never easy, it is a stressful time and as well as coping with loss and bereavement there seems to be an endless list of administrative tasks to do, and applying for probate is just one of those tasks.

Hopefully, there is an up to date Will in place which does make things easier for loved ones, if you do not have a Will it’s a good idea not to put it off any longer.

What is the probate process?

Applying for probate is the legal process involving the administration of the deceased’s estate, or according to intestacy rules if there's no Will. But is it necessary to appoint a solicitor to get you through the process of probate?

It’s important to remember that being an executor comes with legal responsibilities. Even in a simple estate mistakes can be costly and time-consuming to fix. If you have any doubts it may be worth consulting a probate solicitor, even if only for initial advice.

“A probate solicitor will steer you through the process, they know the system and there are numerous matters which must be addressed in a timely manner. In UK law, you don't legally need a solicitor to apply for probate, but having one can be very beneficial, especially if the estate is complex or if you're unfamiliar with the process,” says Probate Solicitor, Hannah Pearson at Pearson Solicitors and Financial Advisers.

As well as dealing with the relevant financial institutions such as HM Revenue & Customs other important areas a probate solicitor will address:

• minimising any Inheritance Tax liability
• Letters of Administration
• Grant of Probate
• the distribution of intestate estates
• advising executors and beneficiaries
• dealing with complicated asset issues including company shares
• company partnership interests
• foreign property
• intellectual property rights
• claims against estates

Applying for probate with a solicitor

The probate process involves complex legal and financial procedures. A solicitor can help you navigate the necessary steps, ensuring that all documentation is completed accurately and submitted on time.

If the estate includes complex assets (e.g., multiple properties, business interests, or foreign assets), a solicitor can manage these efficiently. They can also deal with complex tax matters, such as inheritance tax or capital gains tax, making sure that the estate is managed in line with UK tax laws.

What will a probate solicitor do?

Probate errors can sometimes lead to legal challenges or fines. For example, if you distribute the estate incorrectly or miss a liability, beneficiaries or creditors could potentially take legal action. Solicitors help mitigate such risks, ensuring that the process is legally watertight.

If there are disputes over the Will or other legal challenges (such as someone contesting their share of the estate), a solicitor is essential. They can represent your interests in court, negotiate settlements, and handle any litigation if necessary.

Probate can also be time-consuming, especially if you're unfamiliar with the procedures or have personal or professional commitments. A solicitor can manage the entire process on your behalf, from valuing assets, to distributing them to beneficiaries, saving you significant time and effort.

If the estate has debts, the executor is responsible for paying them off before distributing assets. Solicitors ensure that all debts, taxes, and other liabilities are correctly settled, which can be complicated, particularly if there are creditor disputes or unclear financial records.

In addition, Inheritance Tax issues on larger estates can be complex and your solicitor will provide guidance on how much IHT is due, ensure that it’s calculated correctly, and advise on any legal exemptions or reliefs that may apply. Your solicitor will also help with the submission of IHT forms to HMRC.

Your probate solicitor will also ensure that the estate is distributed according to the Will or the intestacy rules if there is no Will. This can be especially useful if there are many beneficiaries, unusual terms in the Will, or assets that are difficult to divide.

Finally, solicitors have professional liability insurance, meaning that if there are any issues during the probate process, there’s legal recourse available. This offers peace of mind, knowing that the process is being handled by someone who is professionally accountable.

“At such an emotional time having a solicitor act for you can reduce stress, ensure legal compliance, and protect against errors, especially when dealing with a large, complex, or disputed estate, essentially the key is to ensure that the estate is administered correctly and in accordance with the law.” advises Hannah Pearson.

How can we help?

If you are faced with dealing with an estate and feel overwhelmed it is a good idea to get professional legal advice and help especially if there are assets, trusts, pensions and property to deal with.

Contact our private client solicitors on 0161 785 3500 or email enquiries@pearsonlegal.co.uk

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Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.