Clients are increasingly choosing to handle their own probate work without a solicitor often leading to unfortunate results.
Some clients decide to do everything themselves whilst others seek advice from solicitors.
However, The Ministry of Justice statistics reveal that in January - March 2013 there were 86,000 grants of probate on personal application compared to nearly 157,000 on application by a Solicitor.
Clients who decide to deal with probate themselves may also want to consider the steep rise in litigation over Wills. Recent court statistics have shown a 700% rise in the number of contested Wills in the last five years.
Obviously, families are now a lot more complicated than they used to be. Second and third marriages are common and people now have property and assets abroad.
The Inheritance (Provision for Family and Dependants Act 1975) means that certain classes of people are able to make a claim where they are not provided for. For example, if they are a co-habitee for two years up to the death, or a former spouse. Claims under the estate are likely to continue.
Taking on the Administration of an Estate may seem simple at the outset but there can be problems in the way a Will has been drafted or the way it has been executed. We would advise clients to seek professional help before attempting probate or the preparation of a Will on their own .