Should I instruct the same firm of solicitors to deal with a loved one’s probate and conveyancing?
Applying for probate after a loved one’s passing can be a lengthy and difficult process. This is the case whether you are the executor, administrator or a beneficiary. Where there is property that needs to be sold, you will wish to minimise any delay in order to speed up the conveyancing process. So in order to avoid any unnecessary delays, it is usually advisable to instruct the same firm of solicitors to act in both the probate and the conveyancing, which should then be of benefit to you
Use a firm with Probate and Conveyancing Departments
If you choose a firm which has departments specialising in both conveyancing and probate, the solicitors in those departments will be able to collaborate with one another and use their extensive knowledge in these areas to smooth matters along. Since there is always the possibility of unknown challenges that may arise, having the ability to liaise with specialist solicitors working in both areas of work in the same office, will save time and effort, and should also prove to be more cost effective.
Streamlined process
Some firms will have individuals, like me, who work within both departments and so have the ability to press on with handling the estate and sale simultaneously. They will have instant access to information and accounts relating to both the estate and conveyancing.
Not only does this make it easier and quicker to be kept updated as and when matters are progressing, but it also results in both cases developing together at a swifter pace. There will also be the added benefit that funds received from one transaction can be immediately used for the other, without the delay and cost of waiting for funds to arrive from elsewhere.
Links with estate agents and lenders – for valuations and finding buyers
As conveyancers, we are bound to build up rapport with estate agents locally as well as across the country. This aids clients in ensuring that they are made fully aware as to progress, and will also benefit probate clients when looking to obtain accurate property valuations. Using agents known to the firm of solicitors, will assist in a more proactive and efficient collaboration, due to the ongoing relationship with firms.
Cost effective
In accordance with the General Data Protection Regulation (GDPR), which comes into force on 25 May 2018, all clients now need to consent to firms having, holding and handling their personal data. From a compliance perspective, this time consuming task will not have to be repeated where the same firm is instructed, thus saving time and costs where additional documents do not need to be prepared and completed.
Similarly, where colleagues are able to liaise between departments in house, there should be a saving in fees involved in both matters as time will be saved in not having to duplicate the production of documents and communications by two different firms.
Therefore, if you are in need of a solicitor to act for you on behalf of probate matters, be sure to look into their conveyancing department as you will most likely find that the effective route to take is one where the firm can collaborate and take on both aspects together.
You made a good point that solicitors can help you save time and your efforts will be more cost-effective. My brother has been trying to get help with his firm and hasn’t been able to find a good way to do that. Maybe he needs to get in touch with some good solicitors to help him out.
Thank you for your feedback. Someone will contact you and we will be happy to assist him with his case.
I am a beneficiary of a will with my brother , the executors have appointed a solicitor who is renown locally for being very slow , they have the grant of probate , there is a leasehold property to sell and we have been advised to extend the lease to open up the sale market , the appointed firm say they can do all three jobs , can we request that the executors appoint a different solicitor to extend the lease and deal with the sale or are we stuck with him ?
Thank you for your comment. It is up to the executors which firm of solicitors they choose to appoint to deal with each aspect of the estate and whilst there are definitely benefits in the same firm acting in all matters, it is not essential. As a beneficiary you are entitled to make your wishes known to the executors.