Problems with traditional wills – dealing with ambiguity; testacy and intestacy

There are a number of pitfalls when completing the Probate process yourself, some of which are:

• Legal Jargon – Wills, Probate Forms, and other documents can be confusing and full of legal jargon that is not always easy to translate and fully understand
• Trusts – Trusts are complex legal documents that are either already in existence or are created through the deceased’s Will. Either way, the process will include certain formalities and legal work that requires professional assistance.
• Tax – Inheritance Tax (IHT) is the most obvious Tax that will be payable, but this may require looking back through historic transactions and may contain complex calculations. Taxes other than IHT may also need to be considered before the Estate can be distributed
• Liability – Executors of Wills become personally liable for mistakes, omissions, and losses/debts through the distribution of the Estate, and so for peace of mind and accuracy it is usually best to appoint a Professional
• Paperwork – There is so much paperwork! There is a form for everything and anything and each one is needed in a different scenario. A professional will give you guidance and assistance on what needs to be completed and how to complete it.

Whilst we suggest employing a Professional for probate purposes, we always recommend you appoint a friend or family member you trust as Executor for your Will. This means your Executors will be able to employ their chosen Professional at a rate they agree, rather than being tied to working with a company at what is usually a much higher rate.