It is entirely possible to apply for probate and deal with an estate, without seeing a lawyer, but itís not without risks warns legal group, Solicitors for the Elderly (SFE).
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. SFE members have noticed an increase in ĎDIYersí returning to them to seek advice when they have made a mistake or find the paperwork too tricky. Mrs Aís will had included a tax saving trust, but when her husband administered the estate, he paid the whole estate to himself. The solicitor was thankfully able to sort out the matter and avoid future complications occurring when Mr A eventually dies. In Mr Gís case, he sold some shares that had made a gain during the administration of his late sisterís estate and had to pay tax. If he had transferred the shares to himself first, before selling them, he could have avoided the tax.
People arenít 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 isnít. 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 SFE membersí practices will offer to work in partnership with the deceasedís family to help and support them with the legal and technical work. As elder law specialists, members can even add value to their work, for example by identifying cases where money is owed to the estate for care funding, which should have been met by the NHS and assist in making a claim.