The benefits of working with a professional when dealing with probate

When someone dies, their estate must be administered.  This is the legal process of managing assets, calculating any tax due, settling liabilities, keeping records of all monies, and then finally distributing assets in accordance with the terms of the will, or the rules of intestacy if there is no will.  
 
This task falls to the person(s) named as executor(s) in a will or administrator(s) if there is no will (also referred to as the personal representatives ).

At this point you may consider the benefits of appointing a professional person and here are some benefits of doing exactly that:
 
Reduce stress
Estate administration is a big responsibility; executors/administrators must undertake their duties efficiently and in a timely manner  at the same time as grieving for the loss of a family member/friend.  This situation can be stressful and emotionally draining for you. Professionals are experienced and can help alleviate this and provide comfort. 
 
Avoiding disputes
It is not just the estate administration that is stressful.  When someone dies, emotions are involved and can cause family arguments/disagreements.  A professional remains objective and can manage beneficiaries’ demands and expectations to minimise disputes.  
 
Understanding the will
Sometimes the will can be complicated.  It can include legal terms or language that can be misunderstood by someone who doesn’t deal with these day in and day out. They could contain trusts which can be complicated to administer and by using a professional they can explain exactly what the terms of the will are and reduce any errors.  
 
Complicated issues
In many estates complicated forms/documents are submitted to HM Revenue & Customs – even if the estate is simple.  Professionals can ensure the correct forms are used to minimise errors. Some matters may not be known or obvious and can be missed such as capital gains tax or income tax liabilities. By using a professional you can rest knowing they will deal with any such matters for you. 
 
Time consuming
Even a straightforward estate can mean mountains of paperwork requiring a significant amount of your time and effort.  If you are unfamiliar with the process, you may have to do a lot of research. By using an experienced professional, they can deal with the administration efficiently and ensure any deadlines are met. They can reduce the risk of any mistakes such as using an incorrect form which could delay matters even more.     
 
Protect you from liability? 
Being an executor/administrator means you have a legal and financial responsibility for any errors or omissions. A professional can ensure compliance and reduce any worries you may have.  They can also explain how you can protect yourself from any future financial claims.      
 
Will I be out of pocket? 
A professional will charge but these costs can be deducted from the estate, and you can always discuss this with the professional as there are many options available.     
 
In summary the benefit of using a professional to assist with your legal and financial responsibility as executor/administrator means you will have efficiency, comfort, less stress, and importantly, the estate will be managed in accordance with your loved one’s wishes.  
 

 

Andrea Godfrey

Consultant Solicitor at Setfords

Andrea Godfrey is an experienced Private Client Solicitor, having been qualified for over 25 years. Andrea is a fully accredited member of The Association of Lifetime Lawyers and a Dementia Friend.  She also has level 3 in British Sign Language and was recognised as a Leading Individual in the Legal500 for 2023 – 2024. Andrea has a particular specialism and passion for advising elderly and vulnerable clients and their families such as Lasting Powers of Attorney, Court of Protection, and Care Fee Advice.

In her spare time Andrea loves spending time with her husband watching rugby, going on long walks and kayaking.

Setfords is a UK Top 100 law firm with over 600 lawyers Nationwide providing expert legal advice across all practice areas. As well as a team of full-time lawyers in our Guildford office, we have more than 400 consultant lawyers based across the UK, backed by a 150-strong central support team. You will always find the expertise you need, right when you need it. Our lawyers focus exclusively on providing the best possible service to each individual client.