Island Life Magazine Ltd February / March 2016 | Page 125

LEGAL

Terence
Willey & Co
Terence Willey: 01983 875859
Mark Willey: 01983 611888
www.terencewilley.co.uk

The dangers of self
administration of estates

H

aving dealt with Probate and the
Administration of Estates for over
50 years now, it is interesting to
note how this area of law has developed
into the ‘marketplace’. In the early days no
one would dream of attempting to prove a
Will in the High Court (Probate) and then
personally go on to administer an estate
pursuant to the terms of such a Will.
Personal applications are not only
much more common, but are being
encouraged in many areas. While you
may think I am bound to recommend
that such procedures are undertaken
by qualified persons, it is money well
applied and could save you unnecessary
time and additional expense if things go
wrong. Most of us have no compulsion
in ensuring that funeral arrangements
are taken place expertly and sometimes
at considerable cost, but I consider it
equally important that proving a Will
and administering an Estate should
be a priority expenditure. Often clients
will request us to deal purely with the
obtaining of a Grant of Probate from the

Court only with them proceeding with the
Administration once the Grant is secured.
However, whilst such service is available
from my Practice and many others, there
has to be an indemnity given to the law
firm in respect of any issues that may
arise in the subsequent Administration
or in the accumulation of information
provided to the lawyer leading to the
application to the Court for the Grant. If
any financial or other details are omitted
this can cause serious problems in terms
of havin g to swear corrective Affidavits,
H.M.Customs and Revenue enquiries
and in some cases, investigations. An
application must provide the fullest
information of any individual’s assets.
In addition to this there are other tax
and legal implications that may arise
following a death.
Whilst some may argue that there is no
need to employ professional advice in
‘simple Estates’, I frankly do not believe
there is such a thing, as considerations
must always be given on any death to
the implications of ‘roll-over’ inheritance

accounting placed upon any surviving
spouse or partner and it is very wise to
discuss the full implications in interpreting
a Will and proving the same in the Courts.
Individuals often do not realise that
the local Probate Registries are in fact
‘a vehicle’ of the High Court and the
Grant itself when issued is a document
produced by the High Court and can be
called upon in the future for production
to the Courts and during various legal
procedures. However, by instructing a
qualified lawyer that is experienced in
this area of law, you will have the peace
of mind that your best interests will
be protected in representing you and
backed by professional indemnity.
It is therefore very wise to consider
carefully, following the death of any
individual where you are appointed an
Executor under a Will whether you are
wise to make a personal application
to the Probate Registry for a Grant of
Probate in your favour, or be professionally
represented, the latter of which always
remains your absolute right in addition.
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