DIY Probate in England — Understanding the Risks

When someone passes away, their estate needs to be administered in accordance with the law. This process, known as probate, involves identifying the deceased's assets and liabilities, obtaining a grant of probate or letters of administration, paying any debts and taxes, and distributing the estate to the beneficiaries.

Can you do probate yourself?

There is no legal requirement to use a solicitor when administering an estate. Some people choose to handle probate themselves, particularly where the estate is straightforward and there is a valid will. However, there are significant risks involved in DIY probate that should be carefully considered.

Common risks

One of the most common risks is failing to identify all of the deceased's assets and liabilities. Executors have a personal liability to ensure that all debts are paid before distributing the estate. If an asset or debt is overlooked, the executor may be personally liable to make good any shortfall.

Another risk is failing to comply with the statutory notice requirements. Under the Trustee Act 1925, executors should place statutory notices in the London Gazette and a local newspaper to protect themselves against claims from unknown creditors and beneficiaries. Failure to do so leaves the executor exposed to claims that could arise after the estate has been distributed.

Tax considerations

Estate administration often involves complex tax considerations, including inheritance tax, capital gains tax, and income tax on the estate. Errors in calculating or reporting tax can result in penalties and interest charges from HMRC, as well as personal liability for the executor.

When to seek professional advice

We would always recommend seeking professional advice where the estate involves property, business interests, trusts, foreign assets, or where there is any possibility of a claim being made against the estate. Even where the estate appears straightforward, professional guidance can help ensure that the process is completed correctly and efficiently.

If you would like advice on estate administration, please contact our private client team.