Probate - When to Seek Legal Advice

It is quite possible for Executor to carry out the work involved in administering an estate, however there are certain circumstances in which it is advisable to seek professional advice. We have listed some of these below:

  • When the Will cannot be found
  • When the Will has not been properly witnessed
  • When the Will is likely to be challenged
  • Where the estate is subject to inheritance tax
  • When a charity is a beneficiary 
  • When part of the estate will be passed to children under the age of 18
  • When the deceased was married but left no Will and the final value of the estate is over the inheritance tax threshold (Currently £325,000)
  • Where there is no Will, the value of the estate is over £250,000 and there is a spouse or civil partner and children of the deceased.
  • When beneficiaries cannot be located
  • When money or property are left in trust
  • When the deceased was a business owner or in partnership
  • When the estate includes overseas property
  • When the estate is insolvent
  • When the deceased was involved in court proceedings
  • When the estate contains property or land that has unregistered title.
  • When the deceased had inherited from another estate within the last two years.

Please note that this is not an exhaustive list. If you have encountered a difficulty in administering an estate and are in need of advice, contact Emma Harrison on 01827 317081 or