D.I.Y. Probate – a botched job??

Is DIY always the best way? Is DIY always the cheapest way? It’s a question that is being discussed more and more in the legal sector.

In the past, if an individual needed a will or someone to deal with the estate of a loved one, they would approach a solicitor for assistance. However, now, more than ever, there are other avenues open such as approaching banks, will writers or even retailers (such as the Co-op) etc. Individuals can also try and run an estate themselves.

It is possible to apply for Probate and deal with an estate without seeing a lawyer but, as with all things in life, this approach is not without risks – risks that legal group Solicitors for the Elderly recently highlighted.

Like all things in life, a proper assessment of the risks involved is required before setting out to deal with an estate otherwise mistakes can be made and significant, and unnecessary, costs incurred in the future.

One of the things that the SFE pointed out is that they have noticed an increase in individuals who have initially tried to deal with a probate themselves but then turned to them for advice when they have made a mistake or found the paperwork too tricky.

The SFE highlighted an individual, Mrs. A, whose will had included a tax saving trust but when her husband dealt with the estate, he paid the whole estate to himself. The solicitor who he eventually approached was able to sort out the matter and avoid future complications occurring when Mr. A eventually dies.

They also highlighted the case of a Mr. G. who sold some shares that had made a gain during the administration of his late sister’s estate and had to pay tax. If he had known and had transferred the shares to himself, before selling them, he could have avoided that tax.

Darrell Collins, local SFE member and Partner with FDC Law, says that, "People are not always aware of the complexities and assume that the Probate work will be quite straightforward. It is true that it can be, but it is just as true that sometimes it isn’t. In all but the more straightforward of cases, it is important to seek timely specialist legal advice that can actually save you money and worry.”

If you would like more information on these issues or help with the administration of an estate, please contact us or call our office at Frome 01373 465051, Midsomer Norton 01761 417575 or Keynsham 0117 916 1088.

Midsomer Norton - blooming again

In this day and age when there are reports of constant pressure on town centre retailers from out of town developments and supermarkets, it seems more important than ever to ensure that our town centres are attractive places to shop and spaces to enjoy.

One of FDC Law’s offices is on Midsomer Norton High Street and, recently, we have been pleased to notice - and also help with - the work that has been going on to make the town centre more attractive and which, so far, has been very successful.

There have been a number of initiatives, not least the work to recover and reshape the town’s river bed which required a significant amount of mud being removed and the planting of lots of shrubs, herbs and flowers along the new river course - a big improvement, as we are sure that anyone who has recently visited the town centre would agree.

Work has also taken place with local retailers and the Chamber of Commerce resulting in hanging baskets being placed all along the High Street and a lot of effort has been made to improve the floral displays at The Hollies’ garden display in the centre of town, work that was sponsored by FDC Law.

All of this activity work will hopefully result in an entry for South West in Bloom 2011, for which we wish the town well.