Probate: Do I Need a Solicitor or Lawyer?

This is one of the most common questions people ask when they find themselves dealing with Probate for the first time. The short answer is: for the great majority of estates, no. You do not need a solicitor to apply for Probate in England and Wales.

What is Probate, and who can apply?

Probate is the process of obtaining legal authority to deal with a deceased person’s estate, collecting their assets, paying any debts and taxes, and distributing what remains to the Beneficiaries. There is no legal requirement to use a solicitor. The Executor named in the will (or the next of kin where there is no will) can apply directly.

Why do people assume they need a solicitor?

Probate has historically been associated with solicitors. Firms have long marketed their services as a necessary intermediary, and many people at a difficult time simply defer to what feels like the safest option. The reality is that solicitors charge significant fees for a process that is mostly administrative rather than requiring specialist legal qualifications.

When might a solicitor actually be worth it?

• The will is being disputed or there are concerns about its validity
• The estate includes business assets requiring Business Property Relief
• There are complex trust arrangements
• Overseas assets are involved
• There are family disputes about entitlement or the interpretation of the will
• The estate is very large and the IHT position is genuinely complex

These situations describe a minority of estates.

What about most estates?

For the typical estate in England and Wales, a platform like YouCanDoProbate is a far more cost-effective route. The estate information you supply is the same regardless of who completes the forms. A solicitor simply takes what you tell them and translates it into the right paperwork. YouCanDoProbate does the same thing, at a fraction of the cost, with unlimited support from our UK-based expert team throughout.

What is the risk of doing it yourself?

The main risk of doing Probate entirely alone using only GOV.UK guidance is that the IHT400 and its supplementary schedules are detailed and easy to get wrong. An error can delay your application, prompt HMRC queries, or result in an incorrect tax calculation. YouCanDoProbate removes that risk by performing every calculation and applying every exemption automatically.