Who carries out the work?

In most cases a professional will have been appointed to apply for probate on the deceased’s behalf:

• This professional may have been named in the Will or appointed by a non professional executor.
• In the case of intestacy (dying without a Will), they will have been appointed by a relative of the deceased.

Most people who apply for probate themselves are doing so either because they have the right experience, or because the estate that they are dealing with is very small.

In any case, you should think carefully before applying for probate yourself as the law applies to you as a layperson in the same way that is applies to a professional person acting on behalf of an estate. 

Failure to comply with the law could have very serious consequences.  And success will depend on planning, patience, and abiding by the law in every detail.

ITC can take care of the entire probate process for you, click here to find out more about our probate services.

When to seek professional advice

You should consult a professional in the following circumstances.

• The Will cannot be found
• The validity of the Will is in question
• The Will is likely to be contested
• The terms of the Will are not clear
• A Will was left and part of the estate will be subject to Inheritance Tax
• The whereabouts of all the beneficiaries is not known
• The deceased was married and the final value of the estate is over the Inheritance Tax threshold, currently £325,000 (which rose from £325,000 from 6th April 2009)
• There is no Will, the value of the estate is over £250,000, there is a spouse or civil partner and the deceased had no children
• There is no Will, the value of the estate is over £450,000, there is a spouse or civil partner and the deceased had children
• Irrespective of whether there is a Will, a part of the estate is to pass to children under the age of 18
• The deceased has left money or property in a trust
• The deceased owned a business or was a partner in a business
• The deceased owned land or property that has an unregistered title - or property abroad
• Someone is due to benefit from a life interest in the estate
• No more than two years have passed since the deceased inherited from another estate
• The estate is insolvent
• The deceased was involved in any court proceedings