DIY Probate Runs Risk


It is entirely possible to apply for probate and deal with an estate, without seeing a lawyer, but it’s 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 ‘DIYers’ returning to them to seek advice when they have made a mistake or find the paperwork too tricky. Mrs A’s 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 G’s case, he sold some shares that 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.

Local SFE member, Liz Morris of Fraser Dawbarns said ‘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 SFE members’ practices will offer to work in partnership with the deceased’s 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.

If you would like advice about a probate related matter or need to discuss Wills, Powers of Attorney or Elderly client advice do not hesitate to contact:

Liz Morris – Full Professional Member of SFE – at our Wisbech office on (01945) 461456 or email lizmorris@fraserdawbarns.com

Sarah Gregory – Associate Professional Member of SFE – at our Downham Market office on (01366) 383171 or email sarahgregory@fraserdawbarns.com

In addition to the above members of SFE we have experienced lawyers in all aspects of Private Client Work at our offices in Wisbech, Downham Market, King’s Lynn and March.