Probate solicitors are often brought in when things go pear-shaped during estate administration. From unexpected tax bills to family disputes, there’s a lot more that can go wrong than most people realise.
If you’re dealing with probate in Yorkshire or beyond, probate solicitors in Leeds, Bradford, or wherever you may live, can help guide you through the tricky bits—but knowing what to watch out for is a good place to start.
In this blog, we uncover five surprising (and frustrating) complications that commonly arise during probate in England and Wales, plus how to avoid or address them effectively.
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1. Misunderstanding the Role of the Executor
Many executors assume their role is purely administrative, but it comes with significant legal duties. An executor can be held personally liable if they distribute the estate incorrectly, undervalue assets, or overlook debts.
A full inventory of the estate, accurate tax submissions, and notifying all beneficiaries and creditors are legally required. The MoneyHelper website provides a straightforward checklist of the tasks involved.
If you’re unsure of your responsibilities, it’s wise to get help early—mistakes can cause delays, penalties, or even lawsuits. Additionally, an executor must navigate legal documents, tax codes, and deadlines, all while managing grieving relatives and possibly strained family dynamics.
It’s also worth noting that acting as executor without probate (known as “intermeddling”) can create legal complications. Even well-meaning actions like paying debts or distributing property without legal authority can result in personal liability.
2. Delays Due to Missing or Invalid Wills
Wills must meet specific legal criteria to be considered valid in England and Wales. If a will is unsigned, incorrectly witnessed, or outdated, it could be deemed invalid—causing the estate to fall under intestacy rules.
Intestacy can lead to unintended outcomes, such as distant relatives inheriting or long-term partners being excluded entirely. The GOV.UK intestacy rules page explains how assets are divided when no valid will is in place.
Additionally, locating the most recent will can be a problem—particularly if multiple versions exist. A missing or contested will can delay probate for months or even years.
Registering your will with a service such as the National Will Register can reduce confusion, making it easier for executors and loved ones to verify the correct and most recent document.
3. Inheritance Tax Surprises
Inheritance Tax (IHT) catches many families off guard. Even modest estates can become liable if property values are high or if gifts were made in the seven years before death.
Executors are responsible for submitting IHT forms and paying the tax—often before probate is granted. This can lead to cash flow issues if the estate’s value is tied up in property or illiquid assets.
The UK government’s guide on IHT thresholds and exemptions breaks down the rules clearly. There are also options for paying tax in instalments or applying for exemptions under the residence nil-rate band, which many people overlook.
It’s also crucial to note that HMRC can investigate estates for up to 20 years after death if it believes the tax was underpaid. This long window highlights the need for accurate documentation and valuations.
4. Family Disputes and Contested Wills
Probate often stirs up emotional tensions—especially when relatives feel unfairly treated or left out. Common disputes include allegations of undue influence, capacity issues at the time the will was signed, or disappointment in the share received.
Contested probate cases can lead to lengthy court proceedings and significantly deplete the estate. Mediation and early communication can help resolve matters before they escalate.
The Citizens Advice website offers helpful information on how to challenge a will and what alternatives exist to court proceedings.
Family disagreements often escalate when expectations aren’t managed. Regular updates from the executor to beneficiaries, clear records, and transparency about timelines and valuations can prevent misunderstandings from becoming legal conflicts.
Also, consider a Letter of Wishes—while not legally binding, it can provide context to a will and ease the blow for disappointed beneficiaries.
5. Property and Asset Valuation Errors
Underestimating or overestimating property values, shares, or personal items can cause major issues. Incorrect valuations may lead to overpayment or underpayment of IHT, and could also create tensions between beneficiaries if distributions appear unfair.
Professional valuations are strongly recommended for real estate and valuable items. Documenting these valuations and keeping communication open with beneficiaries can help prevent mistrust or resentment later on.
Another common issue is failing to account for digital assets—things like online investments, cryptocurrencies, or even valuable domain names. These should be included in the estate inventory and may require specialist valuation.
Final Thoughts: Get Ahead of the Problems
Probate doesn’t have to be painful, but it’s rarely as simple as ticking a few boxes. Planning ahead, understanding your legal responsibilities, and seeking professional guidance can make the process smoother—and far less stressful.
Taking proactive steps such as ensuring your own will is valid and up to date, discussing your wishes openly with loved ones, and keeping clear records of assets can prevent similar issues for your own estate in future.
Whether you’re the executor of an estate or a concerned family member, being informed is your first defence against delays and disputes. With the right preparation and guidance, even complex estates can be handled with dignity, efficiency, and clarity.
This article is for general informational purposes only and does not constitute legal advice. For assistance with probate or estate matters, consult a qualified solicitor or financial advisor.
