DIY probate risks

When someone dies, their estate (their physical and digital property, money and possessions) usually needs to go through a legal process called probate. In England and Wales, probate is the way the court confirms that a Will is valid and gives the executors the authority to deal with the estate. If authorised a certificate known as a ‘Grant of Probate’ is given.

If there is no Will, the intestacy rules apply, and a similar process is applied through what is known as ‘letters of administration’.

Some people decide to apply for probate themselves, but many choose to work with a solicitor. Dealing with probate on your own, often referred to as ‘DIY probate’, can seem like a way to save money but in reality, it can bring challenges and risks that are not always obvious at the start.

What probate involves

Probate is more than just a formality. It is the process of confirming that a Will is valid and gives executors the legal authority to carry out their duties in the management, transfer and sale of assets. Without it, banks, building societies and other institutions will not usually release funds or transfer property and executors are unable to carry out the wishes of the Will.

Applications can now be made online in most cases. If the estate is worth more than £5,000, there is a court fee of £300, while no fee is payable below this threshold.

Why people consider DIY probate

The most common reason is cost. Some also feel that, if an estate appears straightforward, it may not need professional involvement. In practice, however, even simple estates can hold unexpected complications and mistakes can often escalate into unwanted delays and costs.

Where difficulties can arise

Probate places significant responsibilities on the executor. They must calculate and pay any inheritance tax, settle any debts or expenses and deal with the estate assets in line with the Will or intestacy rules. This can become more complex where Trusts are involved and are required to be registered, set up and managed post death.

Before distribution can be made, executors must also take consideration in relation to any tax returns to HMRC for income tax and capital gains tax applicable for the estate.

If errors are made, the executor can become personally liable.

Areas where problems often arise include:

• Inheritance tax, income tax and capital gains tax which can be complex, even for modest estates
• Understanding legal wording in Wills
• Ensuring all debts are identified and settled before making distributions
• Handling property matters, particularly where there are mortgages or shared ownership
• Managing relationships between beneficiaries, which can sometimes be sensitive

When DIY probate may be less of a risk

If an estate is very small, contains no property, has only a few beneficiaries and no tax to pay, it may be possible for an executor to handle matters themselves. Even then, it is important to know when a grant of probate is required and follow the official guidance carefully to understand the responsibilities involved.

Value of professional support

Working with a solicitor brings peace of mind. It can save considerable time and stress, and it means that complex issues are handled correctly from the start.

A solicitor can deal directly with HMRC, Land Registry, DWP, the Probate Registry and answer any legal or tax questions, helping to protect the executor from personal risk.

Probate is an important process that ensures an estate is dealt with properly and fairly. While it is possible to manage it yourself, professional advice often makes the journey smoother, protects against mistakes and provides reassurance at what can be a difficult time.

If you are facing probate and would like to discuss the best way forward, our team is here to guide you through every step.

For further information or advice please contact Jack Williams on 01494 478606 or email jack.williams@blasermills.co.uk.