Applying for Probate without using a solicitor

Biggles

carefullycautious wrote: »

My solicitor actually advised me to apply for probate myself as her costs were 75 pound an house ouch!!!

Very straight forward process

If you've only got one house that sounds excellent value!
;-)

zzzLazyDaisy

Biggles wrote: »

Nothing personal, Daisy!
;-)

LOL.... that's okay, I refused to use a solicitor for Mum's probate for exactly the same reasons........

And just don't ask me why I still haven't got round to getting divorced 7 years on... :rolleyes:

carolbee

I too did applied for probate myself, it was very straightforward and they were helpful. The interview was fine too, and all concerned were really kind and sympathetic.

My dad would have hated to have paid the solicitors!

Lady_Aitch

My sympathies for your loss. Dont hesitate, or line the solicitors pockets with your mums hard earned money. I wound up my mums estate with no problems. It an emotional time but not difficult to do yourself.

V.Lucky

I have done it twice now, once when my Grandad died 7 years ago and again recently when my Dad died.

However when dh's Dad died without a will I did get Solicitors involved. I knew he had been a bad lad over the years. Luckily the Solicitor advertised for creditors, as some 18 months after he died we had a letter from an debt collection agency asking for funds from the shortfall on his house reposession. We referred him to the Solicitor. Had we not advertised for creditors, I think we may have been stung with the debt, after we had paid his assets out.

fredsnail

Is probate easy to do if there aren't enough assets to cover the bequests?

My Grandfather is in a care home and his savings are being used to fund his care. He has left a number of cash gifts in his will (we found the will when sorting out his affairs when he moved into the care home) which possibly may not be able to be funded from the estate when the time comes. He has specifically left his house and contents and shares to other people (all of which may also not be there when the time comes).

Sorry to hijack your thread booklover - and I'm sorry for your loss.

zzzLazyDaisy

fredsnail wrote: »

Is probate easy to do if there aren't enough assets to cover the bequests?.

Does your grandfather still have his mental faculties? If so, someone should tactfully broach the subject of making a new will.

As far as specific tangible bequests are concerned, if they no longer exist, then the beneficiary gets nothing.

So, for example 'I give devise and bequeath the real property known as 1 Main Road, Anytown, to my best friend Joe Bloggs'. The house is sold and the money put into an account to pay the nursing home fees. Even if most of the money from the house sale is still there, Joe Bloggs gets nothing

Same with shares - if BT shares are left in the will, but has subsequently been sold, the intended beneficiary gets nothing.

I'm sorry, I don't know the answer to the question about there being insufficient funds to cover the individual cash bequests, but hopefully someone should be along soon who can help you with this.

Edited to say - it is always open to the beneficiaries of the will to execute a deed of variation, in which they agree to change the way the estate is distributed. That may, or may not, help you.

fredsnail

Sadly no he has dementia and is unaware of the difference between real world and tv programmes and hallucinations etc.

And it's a DIY will from WH Smiths from 15+ years ago (still had the receipt with it) so I suspect it could be fairly easy to challenge if there are still assets left.

Thanks for you help, a deed of variation will depend on how good relations are between the beneficiaries are when the time comes but it's a good option.

dzug1

There's a pecking order in which debts then bequests must.

After each category is paid and there's insufficient cash for the next category ten that batch get paid pro rata. Anything further down not at all

No need to employ a solicitor if you have access to a good reference book - just that if you do use one he's certain either to get it right or to flannel anough to make everyone think he did.

gledhillme

What I want to do though is to apply for probate myself do all the letter writing collecting in/ paying debts/legacies and take professional advice as and when I need to do so. Also to get the solicitor to do the registration of the property with the land registry as this is complicated as there will be joint ownership involved. I assume that I will be able to pay per hour for any meetings to discuss matters and standard fees for registering properties/searches as if I was buying a house. I assume that this will be much cheaper!

Do you know if his is possible/advisable

I thought my solicitor would be able to do this and requested this and they dind't say they could't but they have since been evasive in replying to my questions and instead keep sending me quotes of how much the work will cost for them to the whole thing.

Do you know the best way to find a solicitor with the expertise willing to do this? In addition would the be any protection should they give me bad advice? (ie would the insurance that I would have if a solicitor did the whole probate work apply if they just did this?).