UK Probate ' Do You Really Need Solicitors?

The law of probate is not always straightforward and it is something that not many people know much about as it only becomes relevant when someone you know dies. Therefore before starting the probate process it is a good idea to find out some more information and get help from the right source ' a specialist probate solicitor.

However in reality only 70% of probate applications are made through probate solicitors. It can be easier to use specialist probate solicitors simply because they are familiar with probate and know how to operate effectively. The actual process can sometimes be quite simple but having on board probate solicitors means that they know all the pitfalls and will use that professional experience as a means of ensuring that everything is done as it should be. For example, probate solicitors will prepare the oath for the client to swear.

Your probate solicitors can help you to undertake the whole process of probate, with the UK Probate Registry hopefully simply 'rubber stamping' your application - they look over all the papers which are submitted by your solicitors and when they are satisfied that the application is sound and it is valid then the Probate Registry will issue what is known as a grant of representation.

It is, of course, possible to approach probate on a DIY basis and to submit all the paperwork etc yourself, without having to go through probate solicitors, but this can be very time consuming and doing so involves taking on significant results ability - certainly if the estate is quite complex in its nature, then it is more advisable to go through a solicitor. Dealing with probate in the UK involves a significant number of tasks, ranging from liaising with executors and trustees, arranging valuations of the deceased property, applying for grounds of probate and dealing the tax man with regard to outstanding issues of income and inheritance tax.

Using a specialist solicitor will reassure you that these legal issues are being dealt with and that the process is being completed properly protecting you from future disputes.

It's also worth bearing in mind that these days we live in more litigious times. As a result, contested probate cases are becoming much more common. The more commonplace legal actions are brought over inheritance claims, executor and trustee disputes. Taking on the duties of probate yourself can be difficult especially if the estate is complex - you could be sued. Specialist UK probate solicitors on the other hand, are compelled to have a couple of cover extensive indemnity insurance to cover any negligence while the claims, in the unlikely event they should arise. So in a sense having specialist solicitors involved in UK probate is something of a safeguard, to ensure that everything is done in the manner that it should be.


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Bonallack & Bishop are solicitors specialising in UK Probate. For advice, contact their UK Probate Solicitors today. Senior Partner Tim Bishop is responsible for all major strategic decisions at the firm, which he has grown by 1000% in 13 years. Tim sees himself as a businessman who owns a law firm.