October 2025
Ian Coules Probate Solicitor
After someone dies, their affairs are finalised by their Personal Representative (‘PR’), who would either be appointed in their Will or under general law if there is no will. It is open to any PR to try to deal with the estate themselves. But very often there will be complexities which is why a solicitor should be instructed for probate.
The article will assume you are the PR and set out reasons why you may wish to do this:-
The first reason is that after a loved one has died, it is an extremely difficult and emotional time, yet you would have to deal with a great deal of paperwork and responsibility.
Do you even know where to start?
You would have personal liability for any mistakes you make which caused a financial loss to those inheriting. This could include not collecting in certain assets or paying tax on time. You would have to put your hand into your own pocket to make good those losses.
Wills are legal documents and inevitably their language is legal. It can be hard to understand and Wills do tend to be written by lawyers for lawyers.
You would need to know whether or not a Grant of Probate would be needed in your estate. You would need to know what this is and whether a different type of Grant might be needed.
There can be many different sorts of tax which come into play in an estate, including Inheritance Tax, Capital Gains Tax and Income Tax. You may need to value the estate extremely accurately, report to HMRC and arrange for it to be paid. Penalties and interest can be applied if you are at fault.
Dealing with someone’s affairs after they have died can be lengthy and extremely time consuming. You may have to do this in your spare time when you are not working or dealing with other family issues.
Emotions often run high after a death. Family members may criticise you (perhaps wrongly) for not dealing with matters quickly enough or keeping them informed. They may claim that you are making mistakes and that you have not, for example, obtained the best price for an asset. Leaving matters with a solicitor could avoid all this.
Estate accounts
It is your duty at the end to prepare detailed estate accounts, i.e. figures showing the assets received and liabilities paid out. Together with information on tax, changes in values, amounts going to different beneficiaries etc. These can be very complicated, but a solicitor would know how to prepare them, down to the last penny.
Solicitors undergo years of training to be able to deal with matters like these efficiently and in an understanding manner. We are here to help, when help is most needed.
Our Probate team understand that dealing with the affairs of a loved one after death can be complicated and stressful. If you would like to get in touch to see how we can assist you. Please call us on 0117 962 1205, email info@amdsolicitors.com or drop in to one of our four Bristol offices.
