Honest guidance
When you should use a solicitor instead
Self-help suits straightforward estates. It is a poor choice — and sometimes a risky one — for everything else. Here is where the line sits.
Personal liability is the reason this matters
A personal representative can be held personally responsible for distributing an estate incorrectly, missing a creditor, or getting the tax wrong. That risk does not disappear because the work was done online.Always take advice if
- The will is being challenged, or its validity is in doubt.
- There is more than one will, or the original cannot be found.
- Someone has entered or threatened a caveat.
- Executors or beneficiaries are in dispute.
- A claim under the Inheritance (Provision for Family and Dependants) Act is expected.
- The estate may be insolvent — debts greater than assets.
- There is a trust, a business, a farm or unlisted company shares.
- There are assets outside England and Wales.
- The deceased was domiciled or long-term resident abroad.
- A beneficiary cannot be traced.
- Inheritance Tax is payable and the reliefs are not straightforward.
Consider advice if
- The estate is large and the tax position is finely balanced.
- Substantial gifts were made in the last seven years.
- A beneficiary is under 18 or lacks mental capacity.
- Property is jointly owned and the shares are unclear.
- You are the sole personal representative and feel out of your depth.
- Family relationships are tense, even if nobody has made a formal claim.
How to find the right professional
- Use the Law Society's Find a Solicitor service and look for probate specialists.
- STEP members specialise in trusts and estates, including tax.
- Ask for a fixed-fee quote in writing, and ask what is excluded.
- Ask whether a one-off advice session would be enough, rather than full administration.
- Check the firm's regulator and complaints route before instructing.
A middle path
Many estates only need advice on one issue. Paying for an hour of specialist time and then doing the rest yourself is often cheaper than full administration and safer than guessing.