In this article we look at the life of probate solicitor. Richard Whitaker TEP CTA talks about how he got into law and became a probate solicitor.
Did you always want to be a probate solicitor?
‘No. I went to university to study engineering and physics, but university life wasn’t right for me. My musical background led me into the Army, where I was a bandsman in the Royal Corps of Army Music for many years. During my time in the military I visited many countries across Europe, carrying out musical tours such as tattoos. In 1999 we were deployed to Kosovo, as part of NATO peace-keeping forces, for six months. The band spent our time working with the other trades such as logistics and the medical services. We had our instruments with us so we performed across the region for the benefit of the troops.
After 12 or so years of military life I wanted to expand my horizons. The Army had been good to me, but I had also started a family, and was attracted by a life back in ‘civvy street’.
After considering my options, a career in law looked very exciting. It was very cerebral, as well as giving me an opportunity to provide for my family.
My training contract exposed me to several areas of law, but it was private client law that interested me the most. It is a very positive area of law, whether one is helping someone to write a Will, or dealing with the probate of a loved one.’
Is probate all you do?
‘It is now – I am a dedicated probate solicitor. However, for many years I worked across the whole private client spectrum – Wills, trusts, LPAs, inheritance tax (including spells working for Tolley Tax and STEP). These are all areas which are closely related to my job.
In order to administer estates effectively you need to understand how Wills work and how they are interpreted, or how to spot faults. Many Wills set up trusts, usually expressly but not always – if a gift is left to a grandchild ‘upon attaining the age of 21’ then a trust will arise (if the grandchild has not attained 21 on death). Understanding the law, mechanics, tax and compliance of trusts is huge part of the work of a probate solicitor.
The law surrounding LPAs has less impact on the work of a probate solicitor, but it can sometimes be relevant. Imagine that an LPA attorney had made large payments on behalf of the donor a few months before the donor died. Were these payments gifts? If so, were they entitled to do so under the Mental Capacity Act 2005 ?
Also, I was an inheritance tax writer for many years and this knowledge has served me well as a probate solicitor.’
Do executors need a probate solicitor to deal with the estate?
‘Not always.
Obtaining the grant of probate is, in legal terms, an application for a court order. One of the key tenets of the rule of law is that the law should be accessible to all. For this reason, anyone can apply for a grant of probate, with or without professional assistance.
The government encourages lay executors to do this and provides a route to do so – see Apply for probate.
As a probate solicitor I can help because things can get tricky (think trusts, charities, inheritance tax, foreign assets, missing Wills etc). It certainly does become prudent to use a probate solicitor if the estate is not straightforward. Even when an estate appears simple, it’s often the things we don’t know that catch us out.
Sometimes it makes sense to instruct a probate solicitor simply for the purposes of impartiality (perhaps where the beneficiaries are likely to criticise the executors).
And sometimes, it’s just about giving the family space to grieve… probate can be time-consuming and burdensome, and taking those things off your plate could be right for you.’
What is the day-today life of probate solicitor like?
‘I have a number of matters running simultaneously so there is always a variety of things to do. I could be corresponding with banks or other assets holders, liaising with beneficiaries and charities, dealing with HMRC or the probate registry, or preparing estate accounts. The variety of things a probate solicitor does is huge!
I do my best to take a proper lunch break and will try and squeeze in some fitness where possible – a healthy body make a healthy mind!
Travel is a large part of my job as a probate solicitor.
As a probate solicitor I am always on the move, visiting clients in Wokingham, Henley, Twyford, Finchampstead and Reading. I typically visit my clients in their homes, where they can be in their own familiar, comfortable surroundings.’
What skills and qualities does a probate solicitor need?
‘Technical skills are important – understanding the law is probably the most important skill a probate solicitor must have.
However, the softer skills can be just as important – the ability to listen and empathise is really key to good client relations. I don’t rush my clients and will take things at their own pace – people like to deal with grief and the probate process in different ways.
Organisational skills is another big one. A probate solicitor must disseminate and analyse large amounts of information, and so a logical and methodical approach is a must.’
If you weren’t a probate solicitor, what would you be?
‘Probably and engineer or a musician, although I think my dream job is probably fighter pilot, F1 driver or astronaut!’
Would you recommend a career as a probate solicitor?
‘Absolutely! It’s hugely rewarding, intellectually stimulating and something I’m very proud of. I would encourage anyone who is considering a career in law to look at the word of Wills, trust and probate.’
If you need help with probate in Winnersh, Wokingham, Finchampstead, Crowthorne, Reading, Henley or elsewhere in the Thames Valley please get in touch.
This article does not constitute legal advice and should not be relied upon as such. Please always seek legal advice that is specific to your individual circumstances.
In this article we look at the life of probate solicitor. Richard Whitaker TEP CTA talks about how he got into law and became a probate solicitor.
Did you always want to be a probate solicitor?
‘No. I went to university to study engineering and physics, but university life wasn’t right for me. My musical background led me into the Army, where I was a bandsman in the Royal Corps of Army Music for many years. During my time in the military I visited many countries across Europe, carrying out musical tours such as tattoos. In 1999 we were deployed to Kosovo, as part of NATO peace-keeping forces, for six months. The band spent our time working with the other trades such as logistics and the medical services. We had our instruments with us so we performed across the region for the benefit of the troops.
After 12 or so years of military life I wanted to expand my horizons. The Army had been good to me, but I had also started a family, and was attracted by a life back in ‘civvy street’.
After considering my options, a career in law looked very exciting. It was very cerebral, as well as giving me an opportunity to provide for my family.
My training contract exposed me to several areas of law, but it was private client law that interested me the most. It is a very positive area of law, whether one is helping someone to write a Will, or dealing with the probate of a loved one.’
Is probate all you do?
‘It is now – I am a dedicated probate solicitor. However, for many years I worked across the whole private client spectrum – Wills, trusts, LPAs, inheritance tax (including spells working for Tolley Tax and STEP). These are all areas which are closely related to my job.
In order to administer estates effectively you need to understand how Wills work and how they are interpreted, or how to spot faults. Many Wills set up trusts, usually expressly but not always – if a gift is left to a grandchild ‘upon attaining the age of 21’ then a trust will arise (if the grandchild has not attained 21 on death). Understanding the law, mechanics, tax and compliance of trusts is huge part of the work of a probate solicitor.
The law surrounding LPAs has less impact on the work of a probate solicitor, but it can sometimes be relevant. Imagine that an LPA attorney had made large payments on behalf of the donor a few months before the donor died. Were these payments gifts? If so, were they entitled to do so under the Mental Capacity Act 2005 ?
Also, I was an inheritance tax writer for many years and this knowledge has served me well as a probate solicitor.’
Do executors need a probate solicitor to deal with the estate?
‘Not always.
Obtaining the grant of probate is, in legal terms, an application for a court order. One of the key tenets of the rule of law is that the law should be accessible to all. For this reason, anyone can apply for a grant of probate, with or without professional assistance.
The government encourages lay executors to do this and provides a route to do so – see Apply for probate.
As a probate solicitor I can help because things can get tricky (think trusts, charities, inheritance tax, foreign assets, missing Wills etc). It certainly does become prudent to use a probate solicitor if the estate is not straightforward. Even when an estate appears simple, it’s often the things we don’t know that catch us out.
Sometimes it makes sense to instruct a probate solicitor simply for the purposes of impartiality (perhaps where the beneficiaries are likely to criticise the executors).
And sometimes, it’s just about giving the family space to grieve… probate can be time-consuming and burdensome, and taking those things off your plate could be right for you.’
What is the day-today life of probate solicitor like?
‘I have a number of matters running simultaneously so there is always a variety of things to do. I could be corresponding with banks or other assets holders, liaising with beneficiaries and charities, dealing with HMRC or the probate registry, or preparing estate accounts. The variety of things a probate solicitor does is huge!
I do my best to take a proper lunch break and will try and squeeze in some fitness where possible – a healthy body make a healthy mind!
Travel is a large part of my job as a probate solicitor.
As a probate solicitor I am always on the move, visiting clients in Wokingham, Henley, Twyford, Finchampstead and Reading. I typically visit my clients in their homes, where they can be in their own familiar, comfortable surroundings.’
What skills and qualities does a probate solicitor need?
‘Technical skills are important – understanding the law is probably the most important skill a probate solicitor must have.
However, the softer skills can be just as important – the ability to listen and empathise is really key to good client relations. I don’t rush my clients and will take things at their own pace – people like to deal with grief and the probate process in different ways.
Organisational skills is another big one. A probate solicitor must disseminate and analyse large amounts of information, and so a logical and methodical approach is a must.’
If you weren’t a probate solicitor, what would you be?
‘Probably and engineer or a musician, although I think my dream job is probably fighter pilot, F1 driver or astronaut!’
Would you recommend a career as a probate solicitor?
‘Absolutely! It’s hugely rewarding, intellectually stimulating and something I’m very proud of. I would encourage anyone who is considering a career in law to look at the word of Wills, trust and probate.’
If you need help with probate in Winnersh, Wokingham, Finchampstead, Crowthorne, Reading, Henley or elsewhere in the Thames Valley please get in touch.
This article does not constitute legal advice and should not be relied upon as such. Please always seek legal advice that is specific to your individual circumstances.