DIY Probate – Why ‘Do It Yourself’ probate could cost you more!

October 3, 2025

When someone passes away, their estate, whether modest or extensive, needs to be sorted out properly. That includes property, savings, business assets, personal belongings, as well as all liabilities. This process, often called probate or estate administration, might seem straightforward at first, you might even consider DIY probate especially when there’s a Will and everything looks “simple”.

In reality, even the most apparently uncomplicated estate can throw up legal, financial, and practical challenges. Trying to handle it all without legal guidance can lead to costly mistakes, delays, or even personal liability.

Below, we explore some of the most common risks of going it alone, and why getting professional support early on can save time, money, and stress.

1. What are an executor’s legal responsibilities in probate?

If you’ve been named as executor, or are acting as an administrator (where there’s no Will), you’re taking on a legal responsibility. It’s your job to identify all assets, pay off any debts or taxes, and make sure the estate is distributed correctly to the right people.

Mistakes, even accidental ones, can have serious consequences. Distributing money too early, misreading the Will, or missing out assets, or obtaining asset valuations incorrectly could leave you personally liable, and the law doesn’t offer much leeway, even when you’re trying your best.

2. DIY Probate Tax Mistakes that could cost you

One of the most complex parts of estate administration is tax. Executors need to work out whether Inheritance Tax (IHT) is due, and submit the correct paperwork even if no tax is ultimately payable. Executors must claim for some IHT allowances, such as the Residence Nil Rate Band and the transferable unused allowances from a predeceased spouse’s Estate and those forms that must be submitted to HMRC are far from straightforward.

In some cases, Income Tax or Capital Gains Tax may also apply. Lots of Executors do not realise that the IHT value of assets reported to HMRC could then have a CGT implication later on.

Without legal advice, it’s easy to miss out on reliefs or exemptions, miscalculate what’s owed, or submit forms late. HMRC can charge penalties and interest.

3. How to Interpret a Will or Apply Intestacy Rules in the UK

A Will may look straightforward but interpreting it correctly requires legal knowledge. Some contain outdated clauses or terms with very specific legal meanings. Others may be silent on certain assets or scenarios. Executors tend to regularly miss out on the fact that there are trusts within Wills as the wording in some Wills can be far from clear.

Should there be no Will at all, the estate has to be divided according to strict intestacy rules, which aren’t always intuitive, especially with blended families, unmarried partners, or international assets. Most people assume that the estate will pass entirely to the surviving spouse but that is not the case.

Misapplying these rules can lead to assets going to the wrong people or excluded beneficiaries challenging the outcome.

4. How DIY Probate Can Lead to Family Disputes and Delays

Even when families get along well, money and grief can create tension. Disagreements over who gets what, concerns about how things are being handled, or delays in the process can all lead to conflict. If you’re the one in charge, it can quickly become overwhelming and you may be pushed into a decision which does not reflect the legal position in law leaving you vulnerable to claims.

Legal support not only ensures the process is handled correctly, but also helps keep things clear and impartial, which can make a real difference in emotionally charged situations.

Why Getting Legal Support Early on Makes Sense

Taking on an estate might seem manageable at first, but there’s a lot that can go wrong if the process isn’t handled carefully. The legal and financial risks can be significant, and often hidden until it’s too late. Being an Executor doesn’t need to be stressful with the right support.

Having a solicitor on your side means:

  • Everything is done lawfully and accurately
  • Deadlines and tax obligations are met on time
  • You’re protected from personal liability
  • You have guidance if complications or family issues arise

It often costs more in legal fees when Executors tries to deal with everything themselves but then needs to seek legal advice when matters become complex, so it is better to get assistance early on.  

How We Can Help

Our experienced private wealth and inheritance team is here to support you every step of the way. Whether you need help applying for probate, advice on tax matters, or someone to take on the full process, we tailor our service to suit your needs.

If you’ve been named as an executor or are responsible for handling an estate and aren’t sure where to start, contact us. We’ll give you clear, practical advice, so you can move forward with confidence.

Robyn Hack
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This reflects the law and market position at the date of publication and is written as a general guide. It does not contain definitive legal advice, which should be sought in relation to a specific matter.

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