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Would I get any benefit from a solicitor to arrange probate?

2

Comments

  • Dead_keen
    Dead_keen Posts: 418 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker

    I'd do it myself. If I needed help for a particular aspect, I'd google it, chatgpt it and/or ask here and then make a judgment. If that judgment was that I still wasn't confident on the right way of doing something then I'd take professional advice. Who I took that advice from will depend on the issue (e.g. if I still had a geeky tax point I would not go to a common-or-garden solicitor).

  • HobgoblinBT
    HobgoblinBT Posts: 358 Forumite
    Sixth Anniversary 100 Posts
    edited 16 August at 10:41PM

    One service that might be on interest to you is a “restricted” probate service that many solicitors and practitioners (eg accountants) offer. You supply all the information and they complete the forms which are then submitted for probate. You then collect in the money and distribute it in accordance with the will. When I used this service over 10 years ago the estate paid about £600 plus disbursements for an estate of approximately £250k.


    Hint…..get a few copies to make dealing with assets easier ; I got 10.

  • 437222
    437222 Posts: 5 Forumite
    Name Dropper First Post

    That's an opinion, as is my own input

    The op is free to disregard any advice clearly. It's a perfectly reasonable view to consider laying off the workload and responsibility for getting this right. I have seen how even well-intentioned cases can go wrong.

    The OP will decide for themselves how to proceed, but to me that seems like a complicated enough estate to consider paying a professional.

    I have never worked for or in anything to do with will-making processes, I just think sometimes the outlay is justified for the peace of mind.

    P.S. Been here in one way or another for 15 years at least.

  • poseidon1
    poseidon1 Posts: 3,372 Forumite
    1,000 Posts Third Anniversary Name Dropper
    edited 16 August at 11:29PM

    All noted.

    My opinion was as an ex professional working at the sharp end of the private client trust and estates sector for over 30 years, so well aware how these things can go wrong, even in the hands of paid professionals. Professionally speaking therefore, in my opinion the estate itself is not complicated.

    The trust on the other hand will require professional input which I am sure the OP will seek as matters progress.

  • Ebany
    Ebany Posts: 258 Forumite
    Part of the Furniture 100 Posts

    Thank you very much for the advice, I think I am feeling content to get it all done - at this point I feel like I've done 95% of the work any solicitor would do anyway! I've got the possibility of the limited service if I get to a point and feel like I'm out of my depth, but there seems to be good, if technical, documentation (and Gemini has been helping me understand bits that get confusing) so I just need to get the right numbers in the right boxes.

    We are all agreed on selling the house (a slight wrench, as its the house we all grew up in, but equally none of us want to move in, and it wouldn't make a good rental or holiday let, so there's little reason to hold on to it).

    I don't expect any additional payment for sorting it out, I volunteered to do it and they covered other things that needed to be done. I'll also happily pass off the work of getting the house sold to one of them!

    One brother is sorting out the trustee issue, finding a solicitor and arranging for us all to be added. He spent some time talking to the financial adviser and getting all up to speed on whats going on there, I think we are all happy that they continue to manage it all until we are in a position to share it out. Its only about £90k, so I don't think we are likely to hit that 325k by then (though, it would be nice..)

  • MEM62
    MEM62 Posts: 5,707 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper

    In most cases, handing over to a solicitor will result in a large bill, a slower process and you doing most of the legwork anyway. Absolutely no point in using one unless the estate is particularly complex - in which case the bill will be even larger!

  • ljayljay
    ljayljay Posts: 202 Forumite
    Sixth Anniversary 100 Posts Name Dropper

    I understand why many people will use a solicitor, especially if there are complex elements to the estate.

    However, from what you have written I think that you are more than capable of doing it yourself.

    In recent years I have had to deal with the estates of two uncles & my mother. One uncle left no will & the surviving brother (also my uncle) appointed a solicitor. The surviving uncle also appointed a solicitor to be their executor.

    Although, not particularly complicated they did have various parcels of land plus redundant farm machinery. My surviving uncle & mother were not capable of completing the documentation, or got easily confused on what was required. I therefore volunteered to act on their behalf. During the process I was continually receiving letters & emails from the solicitor requesting me to obtain information. In the end I realised that I could have completed the whole process myself & much quicker.

    As a result, I agreed with my mum to be her executor. When the time came, I felt much more in control & would have had no benefit from using a solicitor.

  • Edstead
    Edstead Posts: 3 Newbie
    First Post

    Personally I'd try get as much done myself and then if I have 5-10 questions I need clarifying (e.g. before submitting the probate application or IHT400), I'd just pay for 1-2 hours of legal time. I think often with estate management, you end up paying a solicitors firm at partner rates for paralegal work.

  • danco
    danco Posts: 471 Forumite
    Fourth Anniversary 100 Posts Name Dropper

    I recently had to consult the solicitor who drew up my Will as I wanted a codicil.

    I took the opportunity to ask her about probate. She was clear that she could do as much or as little of the process as the executors wanted.

    To keep her costs down, she suggested that my executors gathered all the financial information themselves and then (if they wanted any help at all) sent the information to her and let her fill in the IHT400 form. She also said that she could recommend professional valuers for my flat and my possessions so that my executors could deal directly with them and not have costs inflated by doing this through her.

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