Probate is the process of sorting out property, money and other possessions that belong to someone who has died.

George Persson is one of the Partners at local law firm Thatcher + Hallam and leads their Wills, Probate and Tax Planning Team. Here, George discusses the challenges of being the executor of a Will and why using a solicitor to deal with the affairs of someone who has died is recommended.

The pitfalls of DIY probate

It is not uncommon, from time to time, for me to come across an individual who has dealt with the affairs of a deceased person, or has applied for Probate, without the support of a Solicitor or indeed without any professional support at all. It may be I am consulted many months after a death, as the deceased's property needs to be sold, or a problem has arisen with a family member or beneficiary.

Needless to say dealing with certain matters after the event can be tough, and made a great deal tougher when family and money are involved.

Sometimes upon further enquiry I uncover missed opportunities, perhaps to mitigate any applicable taxes, or, the deceased's Will itself has been misinterpreted leading to a fundamentally wrong outcome. With careful planning and management from day one problems like this can be avoided.

Isn't probate just about form filling?

Administering a deceased's estate is more than a "form-filling" exercise, and is not just a question of reporting to HMRC, the DWP, or Probate Registry.

An Executor's duty is to ensure that the deceased's estate is administered correctly in all respects, and that obligation is far-reaching and sometimes can be onerous.

What if the Deceased has significant debts? A long lost child? Or a partner who has not been provided for? What if their house is falling down but filled with numerous potentially valuable items which need to be catalogued? We are all individuals and as such a one size-fits all approach is rarely the best.

Who is best placed to help?

There is now a very competitive market of providers offering Probate or Estate Administration services, such as Banks, Accountants, and others, as well as the possibility of DIY. All these options can be quite bewildering to the general public who, at an extremely sensitive time, have to make difficult choices. The public also have to cope with a variety of charges, service levels and, sadly, myths as to what is involved.

Dependent on the Deceased's situation there would of course be a significant role to play for their Accountant or Financial Advisor, but as the process of administering an estate is a legal process Solicitors should be the first port of call for anyone about to embark upon handling a deceased's affairs.

The team at Thatcher + Hallam are experienced in handling such legal matters and provide a sensitive and cost-effective solution. They also work closely with other professionals when necessary and have a wealth of local knowledge. Please contact any member of the Wills, Tax, and Probate Team for more information.

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