Is a solicitor required for probate?

Legally, a non-lawyer may complete the probate process. A solicitor or other professional person does not have to be involved.  

As a member of the public, you are entitled to handle money, apply for a grant of representation, submit tax and application forms, pay inheritance tax and do any other typical probate task.

You may complete the probate process from start to finish and there is no legal reason why you should appoint a solicitor.

Reserved activities

Some aspects of probate are "reserved activities". They are "reserved" to authorised people, such as solicitors. 

In practice, this means that, if you appoint a solicitor, the solicitor can do things in a different way. 

Specifcally, a solicitor may prepare an "oath" for you to swear and may apply for the grant of representation on your behalf.

By contrast, if you conduct the probate process without a solicitor, you (the personal representatives) must attend a probate registry in person in order to obtain a grant of representation. 

Despite these differences, "reserved activities" do not mean that a solicitor has to be involved.

Why instruct a solicitor?

Of course, you may wish to instruct a solicitor. Why?

1. The estate is relatively large and there is inheritance tax to pay
2. There are or may be complications or difficulties which you don't feel confident about resolving
3. There are disputes within the family, perhaps about the validity of the will
4. The estate is bankrupt
5. You don't have the time
6. You're happy to pay the legal fees
7. You lack confidence and would like to let a professional take charge

Nearly 50% of people complete the probate process without professional assistance. Some choose to conduct the early stages of the probate process and instruct a solicitor to compile tax forms and apply for the grant of representation.

Bear in mind...

• a survey in November 2010 revealed that only 49% of people appoint a solicitor to deal with probate;
• if a solicitor drafted the will, this does not in itself mean the solicitor has to be involved in the probate process;
• if a solicitor has been appointed executor, he or she is not obliged to step down, but many will if requested by the family (if this is your wish, it is worth asking);
• if the will was drafted by an unregulated will-writing service (not a solicitor), check the small print.