How to avoid a costly Probate
You’ve spent your life working, saving, and accumulating nice things—your home, your car, your stash of fine wines, and that utterly pointless collection of commemorative coins you once thought might be worth something. Then, when you finally pop your clogs, your family should simply inherit everything and get on with their lives, right?
Well, yes—but only if you actually do something about it now. Ignore it and instead of a smooth inheritance, your loved ones will be staring into a bureaucratic abyss, unsure where your liabilities begin or end, how to report your tax, or even where the hell your Will is—if you bothered to make one.
Probate is the tedious legal process of proving a Will’s validity, sorting out assets, and settling debts after someone’s death. Essentially, it’s paperwork hell—but necessary.
So, let’s avoid making probate unnecessarily expensive. Our team at The Burnside Partnership are here to provide you with four simple steps to ensure your estate doesn’t turn into a legal and financial black hole.
Make a Will (Seriously, Just Do It)
The simplest way to cut probate costs and speed up the whole process is to make a Will. Without a will, your estate falls under the delightful rules of intestacy, meaning the government decides who gets what. And trust me, they’re not interested in efficiency.
A properly written will means your assets are distributed faster, fewer legal disputes arise, and you won’t end up paying thousands in legal fees just to sort out who gets your collection of antique golf clubs.
And before you think, “I’ll just scribble something on a napkin”—don’t. Get it done properly by a Solicitor. It’s money well spent.
Talk to your family and executors
You can meticulously plan your estate, dodge as much tax as legally possible, and leave behind a watertight Will and still your probate can be costly. Why? Because families erupt into all-out war when there are surprises.
Your executors are the ones who’ll be doing the admin of your estate. Your beneficiaries are the ones getting your stuff. If you don’t tell both who’s getting what and why then expect tears, tantrums, and years of awkward Christmas dinners. A simple honest conversation now means no one is blindsided by your decisions later. Plus, your executor will actually know what to do (rather than learning on the job badly), and you reduce the risk of fights, resentment, and eye-watering legal bills.
Get organised
Executors have a tough enough job without having to play Sherlock Holmes with your finances. If you don’t fancy your family spending months on a treasure hunt for your assets (or debts), then get your paperwork in order. Keep everything they will need after you die —your Will, bank statements, mortgage details, life insurance policies, investments, and any outstanding debts—in one safe place. This isn’t just about making things easy; it’s about avoiding a bureaucratic circus that could see probate drag on forever.
Keep your Will updated
Now, just because you’ve stuffed everything into a folder once doesn’t mean you’re done. Keep it updated at least once a year. Nobody wants to wade through a stack of decade-old bank statements from an account you closed years ago or—worse—find out you had a secret offshore fund only after probate is wrapped up. A little regular maintenance means your executor won’t be blindsided by a financial mess that could delay probate.
The Bottom Line
Probate is an expensive, slow-moving bureaucratic process, but with a bit of planning, you can avoid the worst of it. Make a Will, tell your executors and beneficiaries what to expect and keep your paperwork organised and up to date. Yes, all this requires effort and conversations about estate planning can be uncomfortable, but a quick chat now could save your family thousands in solicitor fees later.
And if all else fails? Well, you could always take the ultimate tax-saving approach and spend it all before you go.
Who’s up for a luxury cruise?
We’re specialist solicitors in Probate, Wills and private client lawyer services across Marlow, London and Oxford. For more information or to discuss your own circumstances, please contact Anna Boucher at anna.boucher@theburnsidepartnership.com or on 07534581748.