While probate and estate administration can be done without a solicitor, we would always recommend that legal advice is sought for several reasons:
The calculations involved in the Inheritance Tax, Income Tax and Capital Gains Tax requirements will be complex and without specific knowledge could be incorrectly completed, or exemptions or allowances may not be correctly claimed.
Using experienced professionals for necessary documentation to apply for the Grant of Representation will avoid any issues or mistakes, which can lead to delays in the future.
Should any disputes arise in the proceedings, for example, if a beneficiary disputes the validity of the Will, your legal representative will be in a position to help resolve these.
There are also certain situations that can create a more complex situation requiring a unique set of skills, for example:
Where the individual had foreign assets- the probate requirements and distribution of these assets will be determined by the jurisdiction of the country in question.
The individual owned a business or was a partner or director of a business.
The individual was the beneficiary of a Trust or there was a Trust in their own Will.
Using a Probate and Estate Administration Solicitor can assist in minimising any risk of errors and will also remove the burden and time required from your shoulders.