Do I Need a Solicitor for Probate?

While it's possible to handle probate yourself in England and Wales, a solicitor could be essential if the estate is complex (e.g., involves inheritance tax, trusts, or overseas assets), if there are disputes between beneficiaries, or if there's no valid will. Even in simpler cases, professional legal assistance is highly recommended to ensure the whole process runs smoothly.

Why would you need probate?

Probate is the legal process of administering a deceased person's estate. It confirms the validity of the will (if one exists) and gives executors and administrators the legal authority to collect assets, pay debts and taxes, and distribute what’s left to the beneficiaries.

You generally need probate if the deceased owned assets in their sole name, such as:

• Property (house, land).
• Bank accounts over the threshold (solely in your name).
• Investments (stocks, shares, ISAs).
• Personal possessions of significant value (antiques, valuable collections).

If the deceased owned assets jointly (e.g., a joint bank account or property) and these are owned as joint tenants, these assets will pass automatically to the surviving owner by survivorship, and probate may not be required for those specific assets. Probate may be required for assets held as joint tenants in common.

Example

A husband and wife own their house as "joint tenants." Upon the husband's death, the wife automatically becomes the sole owner of the house. Probate is not required for the transfer of the house to the wife. However, if the husband owned the house in his sole name Probate would be required.

Do I need probate if I have Power of Attorney?

Power of Attorney (whether lasting or ordinary) ceases immediately upon the death of the person who granted it (the donor).

Therefore, having Power of Attorney for the deceased does not give you the authority to deal with their estate after their death. Probate is a completely separate legal process required to manage the estate according to the will or the rules of intestacy.

For example, you had Power of Attorney for your elderly mother while she was alive, helping her manage her finances. Upon her death, that Power of Attorney is no longer valid. You may now need to apply for probate (or letters of administration if there is no will) to legally manage her estate.

The Grant (Probate or Letters of Administration)

The Grant of Probate or Letters of Administration if there is no will is the legal document issued by the Probate Registry that confirms the executor's or administrator's authority to administer the estate. It may be needed for accessing assets held solely in the deceased's name.

What does Grant look like?

The Grant of Probate or Letters of Administration is an official court document bearing the court’s seal. It includes:

• The deceased's full name, any alias, address, and date of death.
• The names and addresses of the executors or administrators.
• Confirmation that the will has been proven (if applicable).
• The seal of the Probate Registry (or the High Court).

A bank may require sight of the Grant before releasing funds from an account held solely in the deceased's name.

Can probate fees be paid from the Estate?

Yes, the application fee for the Grant can often be paid from the deceased's bank. If this is not possible, the executor or administrator may need to pay the fee personally initially and then reimburse themselves from the estate later.

When is a solicitor recommended for probate?

While you can handle probate yourself, instructing a solicitor is advisable, and sometimes necessary, in the following situations:

Large Estates

If the estate is large (over the inheritance tax threshold), complex, or involves trusts, overseas assets, business assets, or inheritance tax issues, professional assistance is highly recommended.

Example: The deceased owned multiple properties, shares in several companies, and an overseas bank account. Dealing with these assets and calculating any potential inheritance tax liability can be very complex.

Disputes

If there are disputes between beneficiaries or challenges to the will's validity (contested wills), a solicitor can help resolve these issues through mediation or court proceedings.

Example: Two siblings disagree about how the estate should be divided, with one claiming they were promised a larger share.

Lack of experience or time

If you're working full-time, live far from where the deceased lived, or are simply unfamiliar with legal procedures, a solicitor can handle the entire probate process, saving you significant time and stress.

Intestacy (no will)

If the deceased did not leave a will, the rules of intestacy apply, which can be complex and vary depending on family circumstances. A solicitor helps you with these rules and ensures the estate is distributed correctly to the entitled beneficiaries.

Example: The deceased had no spouse or children, and it's unclear who the next of kin are. A solicitor can help trace family members and determine who is entitled to inherit under the rules of intestacy.

How SB Lawyers can help with probate

Our team of experienced solicitors has a combined specialist experience of over 54 years in handling probate matters. This extensive experience means we have the expertise in even the most complex estates efficiently and effectively.

• No-Nonsense Legal Advice: We provide clear, straightforward advice in plain English, avoiding legal jargon and ensuring you understand every step of the process.
• We can handle the entire application process, from preparing the necessary paperwork to submitting it to the Probate Registry. This saves you time and reduces the risk of errors that could cause delays.
• Dealing with Tax Calculations and Payments: Inheritance tax can be a complex area. We can calculate any potential liability, complete the necessary tax forms, and liaise with HMRC on your behalf.
• If disputes arise between beneficiaries or if the validity of the will is challenged, we can provide expert legal representation and work towards a resolution through negotiation, mediation, or court proceedings if necessary.
• Client-Centric Approach: We understand that dealing with probate can be a sensitive time. We offer a compassionate and supportive service, keeping you informed throughout the process and addressing any concerns you may have.

As a firm regulated by the Solicitors Regulation Authority (SRA), you can be assured that we adhere to the highest professional and ethical standards. Your interests are protected, and you can have confidence in the quality of our service.

029 2046 1480help@sblawyers.co.uk