DIY Probate SOS: Unseen Dangers and the Value of Expertise

The way probate is being dealt with in England & Wales is changing. As DIY probate applications rise by 25%, it reflects a broader transformation happening in the legal services world. It begs the question, what is driving people to take matters into their own hands?

The increased use of digital paperless systems by the HM Courts & Tribunals Service (HMCTS) can provide people a cheaper and sometimes quicker option when it comes to dealing with probate. However this “easy approach” can be an illusion which lulls people into a false sense of security.

Although it may be more economical attempting these processes themselves, it can lead to issues later down the line that are time-consuming and expensive to rectify. The risks involved are plentiful – errors with calculating and paying inheritance tax, or dealing with complicated and sometimes uncooperative financial institutions, or not finding missing beneficiaries, to name just a few. In addition to this, the eye of a professional may be essential to identifying crucial details that could result in a much larger estate or inheritance and minimising the risk of surprise liabilities emerging later.

HMCTS’s digital system is a route for many to take matters into their own hands if they want to save costs. However it can come with a huge amount of administration pressures and additional unnecessary stress. Help is always required in instances where there are disputes among heirs, unclear or contested wills, as well as high-value estates or taxable estates.

Is it empowering or risky to take the reins? It is no secret that the role of lay executor carries a great burden of responsibility and legal liability. Whether handling the estate of a dear friend or close family member out of a personal duty or perhaps to keep a promise made, it certainly doesn’t make the job any easier.

From an administrative perspective, there is plenty for an executor to do, and plenty which can go wrong, even in the more straightforward cases. The road is fraught with potential pitfalls, especially for those unfamiliar with the estate administration process.

In England and Wales, the stakes are high; executors can be held personally financially liable for any loss to the estate resulting from a breach of their duties. This daunting prospect is enough to drive many to instruct a professional.

It is not just the administration side that is often underestimated – the emotional burden can be overwhelming, especially when dealing with the estate of a loved one.

There is certainly plenty for a would-be executor to ponder.

Written by Chloe Pipe