Why Should I Instruct a Solicitor in the Handling Of An Estate?

Losing a loved one is one of the most difficult times in a person’s life. During this time, families are often faced with the responsibility of administering the estate – a task many assume will be straightforward. At first glance, it can seem simple enough. So, why involve a solicitor when you can handle everything yourself?

Need Help Administering An Estate?

If you have been appointed as an executor or are dealing with the estate of a loved one, getting legal advice early can save time, reduce stress and help you avoid costly mistakes.

Our experienced Private Client solicitors can guide you through every stage of the estate administration process, from applying for probate to distributing assets. Call 0808 178 7292 or complete our online contact form to speak with our team.

Complications When Winding Up An Estate

What many people don’t realise is that winding up an estate can be surprisingly complex. Many complications may arise, such as:

• Locating Assets
• Applying for Probate (known as Confirmation in Scotland)
• Inheritance Tax
• Beneficiary Tracing
• Challenges to the validity of the Will

Applying For Probate (Known As Confirmation in Scotland)

Probate is the legal process that gives an executor the authority to deal with a deceased person’s estate in England and Wales. In Scotland, this process is known as Confirmation.

What Does A Solicitor Do During Estate Administration?

A solicitor can support an executor from the beginning of the estate administration process through to the final distribution of assets. The level of support depends on the executor’s needs, whether that is advice on a single issue or managing the entire administration.

A solicitor can assist with:

• Identifying and valuing assets and liabilities
• Applying for Probate in England and Wales or Confirmation in Scotland
• Preparing inheritance tax forms and calculating any tax due
• Settling outstanding debts and liabilities
• Communicating with beneficiaries and third parties
• Distributing the estate in line with the will or the rules of intestacy
• Advising on disputes involving wills, executors or beneficiaries

Professional legal advice helps reduce the risk of errors and gives executors confidence that they are meeting their legal duties throughout the administration process.

Estate administration solicitors regularly advise executors, administrators appointed where there is no will, beneficiaries seeking guidance, and families who need support throughout the administration process.

Instruct A Solicitor

Whilst handling everything yourself may seem like the more cost-effective option at first, the process can quickly become complicated. Appointing a solicitor to assist relieves family members of the burden of dealing with everything themselves.

The executor is the person responsible for administering the estate. This may be someone the deceased has chosen and named in their will, or someone the court has appointed to deal with the estate.

The Executor has several important responsibilities, such as investigating the assets and debts, completing Court documents, settling any inheritance tax, distributing the estate, etc. An executor is taking on a huge personal liability in making sure that this is done properly. The process can be lengthy, technical and complex.

Miscalculating inheritance tax or even simply misinterpreting the will can lead to the executor becoming liable. That is why instructing a solicitor at the outset or early stages can have such an alleviating effect on grieving families.

Instruct A Solicitor Early

Whilst it is not a requirement, instructing a solicitor early will ensure the estate is dealt with appropriately. It is an added assurance to executors that they will not fall short on their obligations.

A solicitor can remain objective in the distribution of the estate, avoiding heightened family tensions and effectively managing any expectations from potential beneficiaries. This can protect family relationships and help avoid disputes, which are unfortunately common.

The winding up of an estate is a lengthy process; using a solicitor can be a great tool to ensure any unnecessary delays are avoided, whilst having the assurance that all the little things are being handled with expert care.

When Should You Seek Legal Advice For Estate Administration?

Many people contact a solicitor after encountering a problem, though seeking advice earlier can make the administration process much more straightforward.

You should consider speaking to a solicitor if:

• The estate includes property, business interests or overseas assets.
• The estate may be liable for inheritance tax.
• There is no valid will.
• A beneficiary cannot be located.
• Family members disagree about the administration of the estate.
• You are unsure whether Probate or Confirmation is required.
• You have been appointed as an executor and are concerned about your legal responsibilities.

Early legal advice can help identify potential issues before they become costly or delay the administration of the estate.

Benefits Of Instructing A Solicitor

As a whole, having a solicitor at the right time to be instructed in the administration of an estate can be beneficial in more ways than one. Our team can ensure:

• Efficient processing
• Comfort and Compassion
• Expertise in handling
• Accurate Inheritance Tax valuations

At Complete Clarity, our Private Client team is ready and eager to ensure, when the time comes, your experience is as stress-free as possible.

Written by Breanna Black, Legal Assistant.