Thinking about handling probate yourself? A quick word of caution. - Buss Murton

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Thinking about handling probate yourself? A quick word of caution.

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Written by Edward Walter

Published May 20, 2026

  • Legal
  • Private Client
  • Probate

It’s completely understandable to look at DIY probate as a way to keep costs down. In some cases it can work well — but there are areas where things can easily become complicated, and mistakes can be costly.

One issue we see more often than you might expect is missing out on valuable inheritance tax allowances.

For example, there are allowances that can be passed on from a spouse who has already died, as well as additional allowances linked to the family home. If these aren’t claimed correctly — or within the required timeframe — as much as £675,500 of an estate could become taxable.

At 40%, that’s an additional £270,000 in tax that could often have been avoided.


Timing is key.

There is usually a two-year window from the date of death to make these claims. If that deadline is missed, it may still be possible to apply — but it depends on HMRC accepting the reason for the delay, which isn’t guaranteed.

There’s also a practical consideration for those acting as executors.

If an estate ends up paying more tax due to an error or missed step, beneficiaries may look to recover that loss. While this doesn’t always lead to formal action, it can place added pressure on what is already a difficult role.

Even in families where relationships are strong, situations like this can sometimes create unnecessary tension.

Looking ahead, probate is only becoming more complex. Changes expected from 2027 will bring certain pension arrangements into the scope of inheritance tax, adding another layer of consideration for estates.


The key takeaway?

Probate isn’t always straightforward, and the areas where it can go wrong aren’t always obvious at the outset.

Getting advice early can help ensure everything is handled efficiently, tax allowances are fully considered, and the responsibility doesn’t rest solely on your shoulders.

If you’d like to have an initial conversation about probate, we’re always happy to talk things through. Please call our Private Client team on 01892 502 222 or email info@bussmurton.co.uk.

For bespoke advice on this or any other area of law, get in touch with the team now.

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