It is entirely possible to apply for probate and deal with an estate without seeing a lawyer, but it is not without risks.

People aren’t always aware of the complexities and assume probate work is straightforward.  It is true that it can be, but it is just as true that sometimes it isn’t.  In all but the most straightforward cases it is important to seek timely, specialist legal advice that can actually save you money and worry.

Many professionally drafted Wills contain trusts to save tax, to avoid those who inherit paying care fees and to reduce the likelihood of potential disputes.  There has been a general increase in “DIYers” returning to solicitors to seek advice when they have made a mistake or find the paperwork too tricky.  In one case, Mrs A’s Will had included a tax saving trust, but when her husband administered the trust, he paid the whole estate to himself.  Fortunately, the solicitor was able to sort out the matter and avoid future complications occurring when Mr A eventually dies.

In another case, Mr G sold some shares but had made a gain during the administration of his late sister’s estate and had to pay tax.   If he had transferred the shares to himself first, before selling them, he could have avoided the tax.

Where relatives or friends of a deceased person are the executors or administrators of an estate, Mayo Wynne Baxter is able to work in partnership with the deceased’s family to help and support them with the legal and technical work at very competitive rates.  The firm would even be able to add value to its work, for example, by identifying cases where money is owed to an estate, e.g. for care funding, which should have been met by the NHS and assist in making a claim.

by Mei Evans

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