Resources for Probate Solicitors and Accountants

Start with the problem on your file

The ten practitioner questions give concise starting points, with links to fuller guidance. Choose the issue that is preventing progress.

• Executors give conflicting instructionsClarify the client, capacities and decision awaiting authority.
• Accounts objections keep returningIdentify the entry, explanation and question still unanswered.
• Money is available but distribution is blockedSeparate entitlement, liabilities, reserves and requests for signatures.
• A caveat blocks the GrantAssess the evidence and intended next step before deciding whether to warn.
• An estate property sale has stalledDefine the objection, sale proposal and continuing costs.
• A lifetime payment or gift is disputedDistinguish records, allegations and proportionate further enquiries.

Managing the practice’s position

Useful administration work can continue while a separate issue needs attention. Review your role and responsibilities alongside the underlying dispute.

• A beneficiary complains: what should we put right, explain or challenge?A new practice guide on service concerns, reasonable boundaries and issues requiring prompt review.
• When a probate file becomes contentiousClient identity, competence, conflicts and the different positions of solicitor and accountancy practices.
• When to bring in specialist helpRecognise repeating work and identify a defined question, intervention or wider referral.
• Professional instruction and referral arrangementsAgree who instructs, pays, communicates, manages deadlines and retains each task.

An accountant providing tax or accounts services has a different role from an authorised probate practitioner. ICAEW probate authorisation covers non-contentious probate; the boundary guidance explains why the work retained needs individual assessment.

Working aids for the next discussion

Use an aid where it helps, internally or with your client. Completing one is not a condition of contacting Justin.

• Executor Accounts Response CheckOrganise missing records, unanswered questions and formal papers.
• Estate Position at a GlanceDistinguish asset values, accessible cash, outstanding bills and continuing costs.
• Property carrying-cost calculatorEstimate recurring outgoings during a delay; keep assumptions visible.
• Property Discussion SummaryPut the decision, each position and the available figures together.
• Resolution Readiness CheckA short check of information and preparation gaps.
• ADR Preparation QuestionnaireA fuller preparation record for possible negotiation or mediation.

Tools organise the information entered. They do not verify it, establish safe distribution or predict an outcome. Review each tool’s information-handling notice before use; keep client-identifying or confidential material out of preliminary enquiries.

Books, reviews and professional reading