Probate and Solicitors: Is it All or Nothing?

Reed_Richards

About 20 years ago I was executor and handled the probate for my late uncle.  I did it all myself and I had to write a lot of letters to get the individual valuations needed to value the estate as a whole.  But I didn't find the process difficult, just time-consuming.

Now I want to take-on the executorship of a relative who died in Scotland but procedures in Scotland are different to those for England, where my uncle died, and unfamiliar.  So I am not sure I can do it without some legal back-up, but I would still rather do the valuation myself.

The norm seems to be that you put the whole process in the hands of a solicitor, or other probate specialist.  Or you can Do It Yourself, as I did with my late uncle.  But is it possible to find a middle ground?  Will I be able to find a solicitor who will assist on request but not do the whole process?  I have made an approach to one solicitor who, so far, has failed to respond so I am feeling pessimistic.           

Keep_pedalling

Apart from the property what sort of things require professional valuations? Unless uncle was a collector of expensive art or antiques most chattels can be lumped together for a nominal sum. 

@buddy9 is the best person on here to advise on Scottish matters.

jem16

Reed_Richards said:

The norm seems to be that you put the whole process in the hands of a solicitor, or other probate specialist.  Or you can Do It Yourself, as I did with my late uncle.  But is it possible to find a middle ground?  Will I be able to find a solicitor who will assist on request but not do the whole process?  I have made an approach to one solicitor who, so far, has failed to respond so I am feeling pessimistic.           

You can certainly do some things yourself. I used/am using a solicitor to deal with the Confirmation side of things and the Liferent Trust that needed set up after my mother’s death. Now dealing with the whole process for my father. 

I basically supplied the financial details, house valuations etc and dealt with those places that would release funds to me without Confirmation. The rest is being handled by the solicitor. 

kipperman

Diy’ed it myself for our late mother’s estate successfully. Language and terminology a bit arcane- but plenty of help here (buddy9 especially) and you can always use a solicitor if there are any specific difficulties.

Reed_Richards

Those of you who used help from a solicitor, how did you find that solicitor?

Scottish legal procedures are unfamiliar to me and not that well documented in the public domain.  I've just fallen at my first hurdle of correctly drafting an application to be made executor.  @buddy9 has since given me advice on how to do this better but my initial failure (for something that isn't obviously wrong, even with hindsight) has knocked my confidence.  

jem16

Reed_Richards said:

Those of you who used help from a solicitor, how did you find that solicitor?

I used the solicitor who had drawn up the wills and POA so already known to us. 

RAS

Assuming you are the named executor?  

Scottish estates above a certain value have to be completed by a lawyer.

Above a low value (£36k?), the executor requires a bond of caution and there is only one provider who offers these to private executors.

buddy9 has help a lot of people successfully execute or administer Scottish estate but hasn't been around for a couple of days.

jem16

RAS said:

Assuming you are the named executor?  

Scottish estates above a certain value have to be completed by a lawyer.

Above a low value (£36k?), the executor requires a bond of caution and there is only one provider who offers these to private executors.

buddy9 has help a lot of people successfully execute or administer Scottish estate but hasn't been around for a couple of days.

You don’t need a lawyer for Scottish estates above a certain value but it may be considered a good idea. The problems arise when there is no Will but if there is a Will you don’t need a lawyer. The Bond of Caution I believe is only necessary where there is no will which does appear to be the case with the OP or there is a will but no valid executor. 

Reed_Richards

I'm not a named executor, my relative died intestate as far as we know at present.  I also have no access to his estate; I won't be able to determine the value unless I can get myself appointed as executor, which would give me the necessary authority.  I don't expect it to be above the threshold value requiring a Bond Of Caution but I don't know for sure.  I don't know if the estate is even solvent.  But somebody had to do the work and if there is little left in funds I don't want to see it consumed in legal fees. 

Can an executor employing a solicitor potentially be charged more than the value of the estate and end-up out of pocket?  

buddy9

For completeness:

A Bond of Caution (pronounced ‘Kayshun’) is likely needed if there is a need to obtain Confirmation from the court to access funds or property. There are only a few insurers that provide Bonds of Caution, and some (most) will only deal with a solicitor. 

There is no threshold for a Bond of Caution for a non-spouse executor dative - unless using the small estates procedure which applies only to estates no more than £36,0000.

user1977

RAS said:

 
Scottish estates above a certain value have to be completed by a lawyer.

As already pointed out, not true, but I’m always curious about where such misunderstandings arise?