Do I need a Solicitor to administer a Will?
Following a bereavement, many tasks need to be completed, but do you need a Solicitor to administer a Will?
The Executor (if there is a Will) or Administrator (if there is no Will) is responsible for administering the deceased’s estate as per the wishes in their Will. They should consider:
- Whether probate is needed
- What’s involved in the probate process
- Whether a probate Solicitor is required
Acting as a Personal Representative (PR) is a position of trust. Estate administration is not easy, and as a PR, you will also be personally liable for making sure the estate is administered correctly, but it doesn’t mean that you necessarily need a Solicitor to administer a Will.
Do I need a Solicitor to administer a Will?
We recommend that you seek professional legal advice, but this doesn’t need to be from a Solicitor. Many Solicitors only deal with a small number of estates each year and therefore do not possess specialist knowledge of this area of the law.
How much will a Solicitor charge for probate?
Solicitors often calculate their fees from a percentage of the estate value – this is generally between 2% and 5% plus VAT and the probate fee. Others may charge an hourly rate, which means that you do not receive a fixed price, and unexpected delays could lead to a much higher fee.
Another route you can take is appointing a professional probate provider to apply for probate. When choosing to do so, we recommend looking for a clear, fixed fee that is not based on the value of the estate. Here at Kings Court Trust, we can provide a fixed-fee quote that is based on the work involved rather than a percentage fee.
Learn more about Kings Court Trust’s pricing.
Benefits of appointing a specialist support
Specialist probate providers and Solicitors deal with estate administration every day, and will have seen most scenarios, good and bad, and will have solutions for all of them.
Here are some benefits:
- Detailed knowledge of the law – They will have in-house Solicitors, who will specialise in probate.
- Step away from the admin - Dealing with the practicalities of estate administration and learning the duties of a PR can be stressful on top of the grieving process. Using specialist support can give separation between the distress and ‘hassle’ of administering an estate.
- Time and experience - Estate administration can often be hard work, which requires time and experience. However, if you have never dealt with it before, you will be learning your duties and tasks as you go. Any mistakes made on the IHT form or probate application can lead to delays. This is why specialist support can be very useful.
- Complicated estates - Some estates will naturally be more difficult to deal with than others and will require extra support even if you decide to deal with them on your own. Here are some situations that make estate administration complicated:
- Debts and liabilities outweigh the assets (insolvent estate)
- Property or assets (like shares) in foreign countries
- Wills which include Trusts
Can I administer a Will on my own?
Yes, you can deal with the estate administration and probate application process yourself. However, it is a time-consuming and labour-intensive process that involves complicated legal jargon, tax calculations, and extensive paperwork.
The biggest thing to note is that Executors and Administrators are legally responsible for administering the estate correctly and will be personally liable for any mistakes or oversights. So before you embark on administering the estate, make sure you speak to a specialist to get a quote and see if the process is going to be straightforward.
