EMPLOYING A SOLICITOR

In some wills a solicitor is named as the executor and you have no say in the matter. Otherwise the executors or administrator of the will have a choice: to administer it themselves or hand it over to a solicitor to deal with.

Administering an estate need not be complicated, provided you have sufficient time to spare, proceed methodically and take advice if there are any matters you do not understand. There can be important savings to be made if you take the DIY route, since you do not have to pay any solicitor’s fees out of the estate. The booklet How to Obtain Probate:

A Guide for the Applicant Acting Without a Solicitor, obtainable from the Probate Registry, outlines what is involved.

There are circumstances, however, when it may be prudent to seek legal advice. Examples are where:

• the deceased left no will (died intestate)
• the will is badly worded and could give rise to differing interpretations
• any provisions in the will are likely to be contested
• you are not sure you know about all the deceased’s debts
• the deceased has assets abroad
• there are business interests involved
• there is not enough money in the estate to pay the debts
• any beneficiaries are under 18 years old.

You could get advice from organisations such as the Citizens’ Advice Bureau or Cruse Bereavement Care in the first instance.