News

The Dangers of D.I.Y. Probate

Helen Vorley of Astle Paterson’s Wills & Probate Department notes that it is entirely possible to apply for probate and deal with an estate, without seeing a lawyer, but it’s not without risks as warned by 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. Mrs A’s will had included a tax saving trust, but when her husband administered the estate, he paid the whole estate to himself. The solicitor was thankfully able to sort out the matter and avoid future complications occurring when Mr A eventually dies. In Mr G’s case, he sold some shares that had made a gain during the administration of his late sister’s estate and had to pay tax. If he had transferred the shares to himself first, before selling them, he could have avoided the tax.

SFE member, Helen Vorley of Astle Paterson Solicitors of Burton upon Trent 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.’

Many SFE members’ practices will offer to 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.

Please contact Helen Vorley of our Wills & Probate department on 01283 531366 or by way of email to hvorley@astlepaterson.co.uk

Back to News

More News from Helen

Local lawyer warns changes to powers of attorney may leave older and vulnerable at risk

Local Legal Executive, Helen Vorley from Astle Paterson of Horninglow Street, Burton upon Trent issues warning following FCA’s call to ...

Read More
A shortage of burial plots in Staffordshire and South Derbyshire?

Helen Vorley, of Astle Paterson’s Wills & Probate department discusses why making enquiries about your burial plot now may give you peace ...

Read More
Astle Paterson offer urgent warning about Government’s ‘risky’ online Lasting Powers of Attorney legal tool

Helen Vorley of Astle Paterson’s Wills & Probate Department and member of Solicitors for the Elderly (SFE) has joined a number of ...

Read More
Unemployed daughter fails to get any money from her late father’s estate

Helen Vorley of Astle Paterson’s Wills & Probate Department and member of Solicitors for the Elderly (SFE) discusses the case ...

Read More
The importance of obtaining a full survey when ascertaining the probate value of a house

Helen Vorley, F.CILEx Fellow of the Chartered Institute of Legal Executives in Astle Paterson’s Wills & Probate department, discusses the importance ...

Read More
Helen Vorley urges the U.K. to safeguard wishes in the event of accidents or illness like dementia

86% of people in the East Midlands are currently living with no control over important later-life decisions around their housing, ...

Read More
Connect with Astle Paterson

Connect

Book an Appointment
Book an appointment
Burton on Trent Uttoxeter
Astle Paterson Accreditations

Business & Commercial   •   Conveyancing   •   Family   •   Litigation   •   Wills, Inheritance Tax & Probate   •   Employment