Pitfalls
How to avoid being overcharged or misled
Be aware of who you are dealing with
Clearly if you approach a solicitor or their firm you can find out who you are dealing with but very often you will be approached by a bank branch staff or a probate consultant, who then visits your home. That probate consultant may not be an employee of the bank but may be employed by a third party company. Do you know who they are? Have you heard of them before? Would you want to entrust the important task of dealing with a loved one’s estate to complete strangers?
Probate
Alternative legal market leaves consumers at risk
Thousands of consumers may have to put up with poor service if they can’t afford to pursue costly court action. That is the conclusion of a recent report commissioned by the Legal Ombudsman which reveals a huge ‘alternative’ legal market in where services are being supplied by unregulated providers. The report found that people buying Wills or receiving advice on employment issues, building plans, debt management or who are using DIY legal documents may be at risk. It is estimated that more than 130,000 service providers in England and Wales are operating outside the regulated field in what has been labelled an ‘alternative’ or ‘third’ legal market. Often advice is provided by professionals working in roles as diverse as accountancy or architecture creating a worrying overlap between legal and professional services. The Ombudsman is concerned that this leaves consumers confused about which advice and services fall within the jurisdiction of an ombudsman scheme. Where services happen to be unregulated it may leave consumers unable to effectively pursue a complaint if the service is poor. As a result the Legal Ombudsman has suggested simplifying the process for consumers and businesses. This could be achieved by bringing professional services under one scheme. The other alternative, of course, is to only use legal advisors that are regulated and demonstrate a high level of ongoing client satisfaction. By Jason Edge
Retain control
Probate companies often require their clients to sign over their right to make decisions about the estate. You as a client will need to be aware of the effect of the paperwork you have signed and if you have signed over decisions about the estate it means that an employee of the probate consultancy makes these decisions instead of you as the client.
Make an informed choice
Don’t give in to the hard sell – you don’t have to sign up immediately. Ask the company providing the service about the qualifications of the staff with whom you will have day to day contact (probably by telephone). Are they in Manchester whereas you are in Brighton? Consult an alternative provider such as your local solicitor whom you are more likely to be able to deal with in person during the administration. If necessary, exercise your right to cancel during the cooling off period. By Mei Evans
Avoid the hard sell
The probate consultant is not necessarily legally qualified and may be a salesperson whose task is to sell service (how often do double-glazing salesmen actually fit your windows themselves?). They will want to take away the estate papers, including any Will and you may be put under pressure to sign up during the initial meeting.
7-day cooling off period
You must be told by the probate consultant about your right to cancel the contract within seven days.
Get another quote
Be wary of paying very high fees for work that is not actually necessary. Probate is often a “fixed fee” but that usually means a price based on a percentage of the value of the estate (often 2-4%), which may be excessive when considering the amount of work involved. Solicitors do not necessarily charge double and you will very often be able to obtain a very competitive quote from your local solicitor.
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