When to use a solicitor
The process of Probate is a very involved and complicated process yet some people choose to undertake this course of action themselves by assuming responsibility for the financial affairs of the deceased.
The majority of people that apply for probate are skilled and qualified in the field and so see no need in paying someone else for a job that they can do themselves.
Additionally, the comparative simplicity of the estate they are dealing with can lead to someone untrained taking on the duty themselves. This usually occurs when the deceased was not wealthy enough for the complex Inheritance Tax to apply or they did not own a property.
We highly recommend hiring a solicitor in the following scenarios:
- Inheritance Tax applies
- The deceased owned property
- The Will cannot be found
- The Will could possibly be contested
- The beneficiaries cannot be found
- The terms of the Will are not completely clear
- The deceased has no wealth left in property or in trust
- The deceased has left wealth or property in trust
- The deceased owned a business or was a partner in a business.
- The deceased owned property or land that has an unregistered title.
- The deceased owned property or land abroad.
- The deceased was married and the value of the estate is higher than the inheritance threshold (£325,000) but left no will.
- The deceased has a spouse or civil partner with children and the value of their estate is £250,000 but left no will.
- The deceased has a spouse or civil partner with no children and the value of their estate is over £450,000 but left no will
- A portion of the estate will be inherited by children under the age of 18, whether there is a will or not.
- The deceased was involved in court proceedings.
- The estate of the deceased is insolvent
- The deceased inherited from another estate less than two years ago.
- The estate belonged to a widow or widower and may be liable to inheritance tax, as some of the previously deceased spouse’s unused tax allowance may be used.
Find a probate solicitor
If the burden of probate is too much for you and you wish find yourself an experienced yet affordable probate solicitor, use our Find a Solicitor service by completing the form to the right of this page and selecting 'Wills, Probate and Trusts'.
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