Probate Help

[Alex Cole]

Hi I wonder if you can help, over the past few years i've had the unfortunate business of having to process Probate for 4 different relatives. Since covid hit i'm i was made redundant and it got me thinking about doing this as a full time job but as I am not a solicitor would this cause a problem when processing Probate for paying customers? and if so why is that?, any help would be appreciated even if its just you need to go study law become a solicitor then you can do it because of XYZ.

Thanks all.

 

[Lucan Unlordly]

I haven't a clue but first thing to spring to mind is that Solicitors are probably insured in case they make any slip ups?

 

[Alex Cole]

I haven't a clue but first thing to spring to mind is that Solicitors are probably insured in case they make any slip ups?

Thanks Lucan, I used to work for a PI company so I know I can get insurance (although it's steep) just difficult getting an answer externally unfortunately.

 

[The Byre]

There's more to probate than just telling people X is dead! There are all sorts of funky complications that only a specialist lawyer would know about - especially when it interacts with international law.

 

[Alex Cole]

There's more to probate than just telling people X is dead! There are all sorts of funky complications that only a specialist lawyer would know about - especially when it interacts with international law.

I fully understand that, I've dealt with large and small estates already its in reference to turning it into a viable business.

 

[Alex Cole]

I fully understand that, I've dealt with large and small estates already its in reference to turning it into a viable business.

Just to add all I'm really asking is if I started a probate business for clients whereby I had no relation to or didn't know do I need to have a solicitor to submit / process anything and if so why?, or can I still do it all myself? thanks

 

[DontAsk]

Basically you need to be named in the will as an executor, or the executor has to relinquish their duties and appoint you. If there's no will a relative needs to apply for probate.

See https://www.gov.uk/applying-for-probate/who-can-apply

 

[Anna Chandley]

Preparing probate papers is a reserved legal activity and you would need to be authorised or licensed to do this.

 

[Deleted member 59730]

I haven't a clue but first thing to spring to mind is that Solicitors are probably insured in case they make any slip ups?

Trust me any slip ups are in their direction.

 

[Alyson Dyer]

You are unlikely to make a living wage dealing with probate alone.

 

[DontAsk]

Preparing probate papers is a reserved legal activity and you would need to be authorised or licensed to do this.

Filling in the relevant forms and applying for probate is not.

 

[KAC]

Filling in the relevant forms and applying for probate is not.

Reserved legal activity:
probate activities

Description:
preparing any probate papers for the purposes of the law of England and Wales or in relation to any proceedings in England and Wales

Additional detail:
“probate papers” are those on which to found or oppose a grant of probate or a grant of letters of administration

 

[Alyson Dyer]

U

Filling in the relevant forms and applying for probate is not.

However, speaking from the position of an established Will Writing and Estate Administration (EA) business you will be hard pressed to make a living on EA alone.

 

[DontAsk]

Reserved legal activity:
probate activities

Description:
preparing any probate papers for the purposes of the law of England and Wales or in relation to any proceedings in England and Wales

Additional detail:
“probate papers” are those on which to found or oppose a grant of probate or a grant of letters of administration

Not sure whether you are trying to agree or contradict me?

As I said "Filling in the relevant forms and applying for probate ..." is not a reserved activity. I did exactly that when my father died.

See https://www.gov.uk/applying-for-probate/apply-for-probate

 

[KAC]

Not sure whether you are trying to agree or contradict me?

As I said "Filling in the relevant forms and applying for probate ..." is not a reserved activity. I did exactly that when my father died.

See https://www.gov.uk/applying-for-probate/apply-for-probate

To be honest @DontAsk, I'm not sure. I am an accountant and not a lawyer. You clearly can deal with this when you are the named executor or applying personally for Letters of Administration.

It may be different if you intend to charge a fee. As accountants, we were only able to act as probate specialists if we undertook further training and achieved an additional qualification.

But that was why I didn't clarify the meaning of my earlier post I didn't really know

This may help or it may not

 

[DontAsk]

To be honest
[URL='https://www.moneyadviceservice.org.uk/en/articles/when-to-use-a-probate-specialist']This[/URL] may help or it may not

"Many find that it’s easier than they expected and end up saving thousands of pounds."

This is why you should NEVER appoint a solicitor (or similar) as executor in you will. Appoint family members and let them decide if they need the help of a professional.

 

[KAC]

"Many find that it’s easier than they expected and end up saving thousands of pounds."

This is why you should NEVER appoint a solicitor (or similar) as executor in you will. Appoint family members and let them decide if they need the help of a professional.

Totally agree with that comment. have helped family members on more than 1 occasion. as you say, saves thousands of pounds and gets done quicker