Three small toy houses with a sign saying 'probate' next to them

Getting probate property sales right mitigates your risk

In most cases a property is the largest asset within someone’s estate. It is also the property that, apart from sentimental items, receives the most attention from the beneficiaries, usually due to their understanding it holds the most value and therefore makes up the bulk of their inheritance.

The average UK house price is £269,000 (data provided by the official UK House Price Index June 2025). This represents an annual increase of 4.9% and a 0.2% rise since December 2024, and where it is impossible to know for sure what prices will be doing in a years’ time let alone longer – it is predicted that property prices will increase a further 17% by 2031.

These figures have been calculated whilst considering that price increases have slowed down since April 2025 when the change in SDLT came into effect. In fact, there are pockets of London that have seen a small dip in prices based on the figures taken from the beginning of the year; but this has been explained by way of pointing out that there was a surge of activity leading up to April 2025 due to buyers eager to avoid paying the new, higher figure.

Let’s now consider family dynamics in 2025.

The average number of children per family in the UK varies depending on the statistic, but a common measure is the total fertility rate, which was 1.44 in England and Wales in 2023, indicating an average of 1.44 children per woman.

In terms of families with dependent children in 2022, one-child families represented 44% of families, with two child families at 41%.

For the sake of accuracy, and to be completely aware of all the stats, the total fertility rate in England has actually been decreasing since 2010. Women born in 1975 had an average of 1.92 children by the time their childbearing years concluded in 2020.

Finally, let us look at the cost of living.

I know that I do not need to highlight that everyone is feeling the ‘pinch’ as it is referred to. Personally, I would say it is more apt to call it ‘a kick in the shin’.

In 2025, the UK are experiencing a continued high cost of living, with the average household expenses reaching the eye watering figure of £2,250pcm. This is driven by increases in rent, utilities, and the cost of food. Worryingly, this does not appear to be a straight reflection of inflation as one would expect it to be. At the time of writing this article inflation is actually lower than the peaks of previous years.

The Government has put an end to their Cost of Living Payment program, which means lower income families will be struggling even more – and with no end to increases in sight, things are expected to become even tougher.

Why is any of this relevant, and why am I wading into muddy political waters? Well, because it all reflects the mindset of your client.

Bereavement is recognized as the most stressful life event someone will experience. This is followed by divorce/ separation, job loss, major illness or injury, and then moving / selling a property.

So, from the top 5 most stressful events recognised in the UK we are discussing number 1 and number 5 both being experiences at the same time.

There is then the possibility of additional stress, such as:

  • Sibling disputes.
  • Extended family dynamics.
  • Executor financial difficulties.
  • Beneficiary financial difficulties.
  • Unexpected contents of the will.

The list is so much more extensive, but these seem to be the most common.

Let us revisit the property and how you handle the valuation, sale, and the extras such as clearances and cleans.

In pretty much ALL cases, solicitors that we speak to for the first time are following this method process:

  1. Value the property – either three local estate agents, or where IHT is applicable then a RICs is arranged.
  2. Wait for the GOP.
  3. Property placed to market with one local agent – this sees a fee of anything between 1% and 3%+VAT depending on where in the UK the property is, and a tie in contractual period of anywhere between 12 & 20 weeks. In many cases the estate agent used is one known to the solicitor due to a reciprocal business agreement.
  4. Offers are received – you are usually advised to accept, even when the figure is lower than the value placed by the same agent on the initial inspection.
  5. You next hear from the agent chasing the exchange of contract.
  6. Clearances and cleans are fine if local to you, but there is a struggle if the property is ‘out of area’.

Stat time again. Wills, Probate, and Trusts consistently appear within the top 3 PI claims made against solicitors taken from data issued between 2019 and 2024. The reasons cited include:

  • Delays in the Estate Administration.
  • Incorrect Advice.
  • Incorrectly Administrating the Estate and failing to act in the client’s best interests.

There is no sign of this letting up any time soon either.

But why are we seeing more claims? I refuse to believe that the standards in service have dropped over the last 6 years. Going by our own service users feedback and having a clear understanding of their methods and systems, by attending conferences and listening to keynote speakers and speaking at events myself about this very subject, I would go in favour of arguing that the sector is more aware than ever of the importance in service delivery.

I believe the answer to this issue can be found at the very beginning of this article.

We are living in a time when most of us in the UK have access to social media and the internet at the touch of a button. We can be led by the things we see and read, usually by ‘influencers’ and the news. Everyone seems to be an expert in property nowadays, from a friend who will tell you “They valued it for how much?! You could get way more than that!!!” to a neighbour who had someone offer them £50K more only a few weeks ago because of how desirable the areas is.

We are also living in a time when people are relying more than ever on their inheritance, so many beneficiaries will seek out to understand what they will receive from the property sale, and in most cases, this is before you are even involved in the process. I dare to say that there are times when part of the inheritance has been spent before it has been received (this is based on calls we have received over the years from beneficiaries deeply concerned at their need to meet a financial agreement that they have entered into on the back of expecting their money to be paid out within weeks, not months).

So, with all of the above taken into consideration, is there any wonder that claims have increased? I think not. However, it is not a reflection of the work done by legal professionals; it reflects the times that we are living in.

Ok, so this conclusion of mine does not help you avoid a claim payout, but my solutions do.

You cannot avoid a claim being made against you – but you can ensure that if and when one is, that you are fully prepared and able to evidence that you have satisfied every expectation and legal requirement placed upon you.

This philosophy is one that we at PLG have spearheaded within the sector, successfully introducing methods and systems that mitigate your risk. We believe that as legal professionals you should have access to full, specialist support when dealing with the only unregulated part of the probate process. That you should be able to have complete peace of mind that every decision you make or piece of advice you give your clients can be backed up by an independent third party who can provide evidence to back up this advice.

We also believe that beneficiaries and lay executors deserve a better service than that they have been offered over the years. That they should expect the best price for the property and that related fees will not be hiked up just because the word ‘probate’ appears in the index.

We are also fighting to ensure that they will not be exposed to unethical practices as those set out by opportunist organisations who see the vulnerability of someone processing the loss of a loved one as a way to extort their inheritance via stealth fees and mark ups.

Recently we had a solicitor receive tell us about a quote of £14,500 to clear a three-bedroom end terrace house. When they obtained their own quote, they were able to secure the works for under £3,000. Another client who we represent was offered a huge kickback on all maintenance works if they switched and placed all their work to the same service provider.

If your property support provider is working to this standard, then you are at risk by engaging with their services. Likewise, does your client deserve to be scammed out of thousands of pounds? Of course not.

Keeping you compliant starts with providing the best service for your client. It is that simple.

 

Darren Leggett is co-Founder of PLG

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