NEWS & EVENTS

People in the Peterborough region are running the risk of making expensive mistakes by attempting to handle the probate of estates.  Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under a valid will.

It is entirely possible to apply for probate and deal with an estate, without seeing a lawyer, but it’s not without risks.  That's the warning from Sally Banks of Roythornes Solicitors, who is a member of the legal group, Solicitors for the Elderly (SFE).

Many professionally drafted wills contain trusts to save tax, to avoid those who inherit paying care fees and to reduce the likelihood of potential disputes. SFE members have noticed an increase in ‘DIYers’ returning to them to seek advice when they have made a mistake or find the paperwork too tricky.

Sally said ‘People aren’t always aware of the complexities and assume probate work is straightforward. It is true that it can be, but it is just as true that sometimes it isn’t.  In all but the most straightforward cases, it is important to seek timely specialist legal advice that can actually save you money and worry.

When trusts are involved mistakes can mean that more tax is paid than is necessary which is not good for anyone, so it's far better to check before you make any decisions."

Many SFE members’ including Roythornes will work in partnership with the deceased’s family to help and support them with the legal and technical work. As elder law specialists, members can even add value to their work, for example by identifying cases where money is owed to the estate for care funding, which should have been met by the NHS and assist in making a claim.