It is entirely possible to apply for probate and deal with an estate without seeing a lawyer, but it’s not without risks warns legal WBW Solicitors who are members of Solicitors for the Elderly (SFE).
Many professionally drafted Wills contain trusts to save tax, to avoid those who inherit paying care fees and to reduce the likelihood of disputes. SFE members have noticed an increase in ‘DIY-ers’ returning to them to seek advice when they have made a mistake or find the paperwork too tricky. Mrs A’s Will included a tax saving trust but, when her husband administered the estate, he paid the whole estate to himself. Fortunately the solicitor was able to sort out the matter and avoid future complications occurring when Mr A eventually dies. In Mr G’s case, he sold some shares that had made a gain during the administration of his late sister’s estate and had to pay tax. If he had transferred the shares to himself first, before selling them, he could have avoided the tax.
Catherine Causey, Partner of WBW Solicitors, said “People aren’t always aware of the complexities and assume probate work is straightforward. It is true that it can be, but it is just as true that sometimes it isn’t. In all but the most straightforward cases, it is important to seek timely specialist legal advice that can actually save you money and worry. Our experienced team of solicitors at WBW Solicitors are always available to help.”
WBW work in partnership with the deceased’s family to help support them with the legal and technical work. As Elderly Law specialists, WBW can even add value to an estate , for example by identifying cases where money is owed to the estate for care funding, which should have been met by the NHS and assist in making a claim.