“A loved one has died, what do I do now?” – why everyone should seek initial advice from a Solicitor when dealing with Probate.

October 31, 2025

Dealing with the death of a loved one is emotionally taxing, and when the thought of having to deal with administering an Estate is added to this, it is easy to become overwhelmed.

Whilst you may choose to deal with the Administration of an Estate yourself, seeking initial advice from an experienced Probate Solicitor should always be considered as it can help a lay-Executor (non-professional) avoid common pitfalls, or help a Beneficiary better understand their entitlement. It may also mitigate the cost of putting right an error that could have been avoided from the outset had legal advice been sought.

Legal advice at the outset, even if you are dealing with the Estate Administration yourself, is not just helpful – it is essential. Let us explain why.

Understanding your legal responsibilities as an Executor or Administrator

If you have been appointed as an Executor under a Will, or you have taken up your role as Administrator of an Intestate Estate, you are legally responsible for managing the Deceased’s Estate. This includes (but is not limited to) the following responsibilities:

  1. Identifying and valuing assets;
  2. Establishing liabilities and settling debts;
  3. Settling the lifetime and death tax affairs of the Deceased;
  4. Providing full disclosure of the Estate
  5. Establishing what (if any) Inheritance Tax is due and claiming any potential relief and exemptions;
  6. Encashing the assets of the Estate; and
  7. Distributing the Estate correctly.

Many Executors or Administrators (collectively known as ‘Personal Representatives’) are not aware that, should something go wrong during this process, they can be held personally liable for any loss. An example of this is distributing the Estate prior to settling all debts, as the Personal Representative can be held personally liable for all the debt and must settle them themselves from their own funds.

A Probate Solicitor can explain the duties clearly, helping you avoid costly mistakes and personal liability.

Interpreting the Will (or lack thereof)

Wills can be ambiguous, outdated, or even contested. If there is no Will, the Estate will be distributed in accordance with the Intestacy Rules. These Rules can be complex and will vary depending on family circumstances.

A Probate Solicitor can assist by advising you on the correct meaning of complex clauses, advising on the validity of a Will, and guiding you through the Intestacy Rules and the general Administration of the Estate to ensure that the Estate is distributed correctly. 

Protecting Against Probate Disputes

It is a well-known fact that the probate process can trigger family tensions, especially when money or property is involved. Initial legal advice can help prevent misunderstandings, resolve disputes early, and protect Personal Representatives from accusations of bias or Estate mismanagement.

Managing Tax and Financial Implications

Estates commonly have Inheritance Tax, Capital Gains Tax, and Income Tax liabilities, and if these liabilities are not correctly identified and settled, HMRC will apply interest and penalties that can cost the Estate significant sums.

Probate Solicitors can assist with identifying the tax liabilities, help claim reliefs and exemptions and ensure deadlines are met to avoid penalties thereby maximising the amount left in the Estate to be distributed.

Saving Time & Stress

The most beneficial reason for seeking legal advice or for instructing a Solicitor to assist with the Estate Administration is that a Solicitor can take the ‘legal stuff’ off your plate, allowing you to focus on grieving and healing, rather than drowning in forms and legal jargon.

Peace of Mind is Priceless

It is important to remember that Probate is not only a legal process, but a personal one as well. Getting initial advice from a Solicitor ensures that you are starting on the right foot with clarity, confidence, and support.

Regardless of the value of an Estate, and whether you consider it to be straightforward or complex, the risks of going it alone are real and onerous. A brief consultation can make all the difference.

At Herrington Carmichael, we can assist with providing initial Probate advice to steer you in the right direction, and we can assist further should you decide that you wish to instruct us in the Estate Administration. Should you require assistance, please contact us.

Jessica McDonald
Solicitor, Private Wealth & Inheritance
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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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