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The top four reasons why you should not use a DIY Estate administration kit – Part 3

In my third instalment of this series, I would like to address why it is important to obtain legal advice when completing the administration of an Estate, and why a DIY Probate Kit or DIY Letters of Administration Kit (DIY Estate administration kit) cannot match the service provided by an experienced Estate administration lawyer.

Why do I even need legal advice for estate administration? Isn’t it fairly straight forward?

It would be great to think that the administration of every Estate will go smoothly. Unfortunately, you can never predict whether there is a mistake in the Will or an unusual situation which will require immediate attention.

It is also more common now than ever before for Wills to be contested, so if you are using a DIY Probate Kit or DIY Letters of Administration Kit, you may not be fully prepared for how to deal with someone contesting the Will and any application to the Court for a Grant of Probate or a Grant of Letters of Administration.

Problems can also arise if the deceased died without a Will and you are using a DIY Letters of Administration Kit. If you have not received legal advice about who has priority to apply for Letters of Administration, you may waste your time and money. If someone else comes forward and they have a better right to administer the Estate than you, they can challenge your application, which may mean you incur further costs.

How easy is Estate administration? Will it take up much of my time?

Estate administration can be a full time job in addition to your current work, family, social and other commitments. Most of the entities you will need to communicate with are only open during business hours, which may be inconvenient if you are too busy during the day to make the necessary calls. You may find it less stressful and time consuming to use an experienced Estate administration lawyer.

But I want to save money – is it expensive to use an Estate administration lawyer?

You can use an Estate administration lawyer for as much or as little of the Estate administration as you like. It is important to know that an Estate administration lawyer’s fees are paid from the Estate of the deceased; they are not costs you personally pay. You should be able to reach an agreement with your lawyer early on to limit their scope of works, and manage your costs. For example you can instruct your lawyer to only obtain a Grant of Probate or a Grant of Letters of Administration on your behalf. You can then handle the rest of the Estate administration yourself.

I’ve decided I need help; what should I do?

If you have already bought and started using a DIY Probate Kit or a DIY Letters of Administration Kit, and have found that something has gone wrong or you are stuck and unsure what to do, it is not too late to retain an Estate administration lawyer.

If you have any questions or need assistance with a DIY Estate administration kit, please contact me.

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The information provided in this article is for general information and educative purposes in summary form on legal topics which is current at the time it is published. The content does not constitute legal advice or recommendations and should not be relied upon as such. Whilst every care has been taken in the preparation of this article, Wills, Estates and Probate Lawyers (WEP Lawyers) cannot accept responsibility for any errors, including those caused by negligence, in the material. We make no representations, statements or warranties about the accuracy or completeness of the information and you should not rely on it. You are advised to make your own independent inquiries regarding the accuracy of any information provided on this website. WEP Lawyers does not guarantee, and accepts no legal responsibility whatsoever arising from or in connection to the accuracy, reliability, currency, correctness or completeness of any material contained in this article. Links to third party websites or articles does not constitute any endorsement or approval of those sites or the owners of those sites. Nothing in this article should be construed as granting any licence or right for you to use that content. You should consult the third party’s terms and conditions of use in relation to any third-party content. WEP Lawyers disclaims all responsibility and all liability (including liability for negligence) for all expenses, losses, damages and costs you might incur as a result of the information being inaccurate or incomplete in any way. Appropriate legal advice should always be obtained in actual situations.

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Written by—

Chloe Kopilovic

Call 07 3035 4077 to speak with our team now