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Relatives warned against DIY probate

The mistaken belief that probate work is straightforward is costing those who administer a relative’s estate themselves unnecessary additional time and money, legal group Solicitors for the Elderly has warned.

The group says its members have noticed an increase in ‘DIYers’ returning to them to seek advice when they have made a mistake or find the paperwork too tricky. These include a husband whose wife had included a tax saving trust in her Will, who paid the whole estate to himself and needed a solicitor to sort out the matter to avoid complications at his death.  Another had sold shares that had made a gain during the administration of his late sister’s estate, only to discover that if he had transferred the shares to himself first, before selling them, he could have avoided paying tax.

These are similar to situations experienced by Barr Ellison Solicitors.  “People aren’t always aware of the complexity and assume probate work is straightforward,” says Francis Durrant, a Partner at Barr Ellison Solicitors specialising in tax planning, wills and probate.  “I have had situations where families think they can deal with the information gathering stage but find it takes longer and is not as easy as they thought with the result that the whole administration is delayed. As well as saving time and worry specialist legal advice can also save money, such as by identifying cases where money is owed to the estate for care funding, which should have been met by the NHS.”

Solicitors for the Elderly is an independent, national organisation of lawyers committed to the highest standard of legal advice for older and vulnerable people, their families and carers. More information can be found at www.solicitorsfortheelderly.com.

Francis, Peter Ayling, and Solicitors For the Elderly member Judith Greensitt of the Wills, Probate, Gifts, Trusts & Inheritance Tax team can be contacted on 01223 417200.

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