Rosalind Watchorn Solicitors Sheffield advise on the potential pitfalls of do-it-yourself probate.

Harold’s Aunty Ethel died in spring last year at the age of 94. For a few years up to her death she had been mildly confused and forgetful. She lived in sheltered accommodation and had about £6,000 in the bank and another £18,000 in National Savings.

She had appointed her favourite nephew Harold as executor of her will, and had left her estate between various relatives including Harold. Never wanting to avoid a challenge Harold had set about administering the estate himself without any legal help. By August he had obtained probate, paid off the funeral and household debts and distributed the assets between all the beneficiaries.

Then disaster struck. In November, six months after she had died, the Benefits Agency wrote to Harold asking for details of her estate. Unbeknown to Harold some kind soul had helped Ethel to apply for income support and help with her rent and council tax when she moved into sheltered accommodation. Probably perfectly innocently the wrong box had been ticked on the claim form or Aunty had forgotten that she had any National Savings certificates.

When Harold came to see us, we discovered that over £15,000 has been paid out over the years in income support, rent and council tax benefits. Harold was personally liable to repay this, as he was executor. He will have to try and get the money back from the other beneficiaries – but some are not willing to pay it back or cannot because the money has been spent. Harold may have to pay back from his own funds far more than the five thousand pounds he received under Aunty’s wills.

There are ways that Harold could have protected himself. The Benefits Agency are not the only creditors who can suddenly appear months or years after someone has died. Seeing a solicitor who knows about all the pitfalls and the ways to avoid them is the only way to be sure that an executor can avoid personal liability.

Contact Rosalind Watchorn Solicitors Sheffield to discuss your situation in a free initial consultation with a member of our probate team.