Can Probate be done without a Solicitor
Probate can seem a very daunting process.
However, there are many circumstances that a Probate Solicitor is not required.
Firstly, if the estate is of low value e.g. if the estate is less than £325,000 it will not be taxable and no complex reliefs will need to be claimed. The guidance on the Government website should therefore be enough to assist on how to complete your probate application.
Secondly, if there are not many assets in the estate such as only a couple of bank accounts and a property. In this scenario, of there are not too many assets to deal with, it is simpler to understand what values to submit in your probate application.
Thirdly is if there are only one or two beneficiaries and no conflict between them. The risks are lower as you are accountable to fewer people.
Finally, a practical point is whether or not you have the time. The process of probate can be a time consuming process and good record keeping is required. Be sure you can commit to it and if you can and have the time then you should be able to manage it accordingly.
If an estate has many assets, is of higher value and potentially taxable it is strongly recommended a Probate specialist is used. By appointing a solicitor to assist you with probate takes the legal responsibility away from you and gives you peace of mind the estate is being dealt with in the correct way and your duties are being complied with. Solicitors are also regulated by the Solicitor Regulation Authority and fully insured which gives you an extra layer of protection.
Probate can be a complex and time-consuming process, but there are many circumstances in which a Probate Solicitor is not required. The key factors to consider when determining whether or not to use a solicitor are the value of the estate, the number of assets in the estate, the number of beneficiaries, and whether or not you have the time to commit to the process.
Firstly, if the estate is of low value, e.g. if the estate is less than £325,000, it will not be taxable and no complex reliefs will need to be claimed. In this case, the guidance on the government website should be enough to assist you with completing your probate application.
Secondly, if there are not many assets in the estate, such as only a couple of bank accounts and a property, it may be simpler to understand what values to submit in your probate application. In this scenario, if there are not too many assets to deal with, you may be able to manage the process on your own.
Thirdly, if there are only one or two beneficiaries and no conflict between them, the risks are lower as you are accountable to fewer people. In this case, it may be possible to manage the process without the assistance of a solicitor.
Finally, a practical point to consider is whether or not you have the time to commit to the process. The process of probate can be time-consuming and good record-keeping is required. Be sure that you can commit to the process and have the time to manage it accordingly.
On the other hand, if an estate has many assets, is of higher value, and potentially taxable, it is strongly recommended that a Probate specialist is used. By appointing a solicitor to assist you with probate, you take the legal responsibility away from yourself and give yourself peace of mind that the estate is being dealt with in the correct way and your duties are being complied with. Solicitors are also regulated by the Solicitor Regulation Authority and are fully insured, which gives you an extra layer of protection.
In conclusion, probate can be done without a solicitor under certain circumstances, such as low value estate, few assets, and fewer beneficiaries. But if an estate has many assets, is of higher value, and potentially taxable, it is always advisable to seek the help of a probate solicitor to ensure that the estate is being administered correctly and your responsibilities are being met in the right way.
To learn about what trusts you may wish to consider putting in your Will, please see our Trust page
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