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Do you need a solicitor for a will or probate?

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UKPublished 6 October 2026 · Written by BuyMeWhiskey Editorial Team · How we check facts

You do not always need a solicitor to make a will or apply for probate in England and Wales. Straightforward cases can often be handled without one, but mental-capacity questions, complex assets, family disputes, overseas property or an unusual estate can justify professional legal help.

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For a will affected by dementia or questions about capacity, read the GOV.UK guidance and get legal advice before signing or changing the will.

Read GOV.UK guidance on wills and capacity

A solicitor is not automatically required

GOV.UK says you can apply for probate yourself online or by post, and doing it yourself can be cheaper than paying a probate practitioner. For an ordinary will, GOV.UK also says you can get professional advice if the will is not straightforward.

The question is therefore not “do I need a solicitor?” but “is this estate or family situation simple enough to handle correctly without one?”

When a straightforward will may be manageable

A relatively simple estate with uncomplicated assets, clear beneficiaries and no obvious disputes can often be prepared without extensive legal work. Even then, the will has to satisfy the legal formalities and clearly reflect the person's wishes.

GOV.UK highlights situations where professional advice is particularly sensible, including shared property with someone who is not a spouse or civil partner, dependants who cannot care for themselves, complicated family structures, an overseas permanent home, overseas property or a business.

Dementia changes the question

Dementia does not automatically mean a person lacks capacity to make a will. GOV.UK's Court of Protection guidance says a person who has lost mental capacity for financial management may still be able to make a will, and a solicitor will usually be able to advise whether they have the capacity needed.

Mental capacity is decision-specific. A person can be unable to manage some financial matters while still being able to understand the nature and consequences of a particular decision at the relevant time.

What happens if the person cannot make a will?

If someone cannot make or change a will themselves because they lack the required mental capacity, GOV.UK explains that an application can be made to the Court of Protection for a statutory will. This is a different process from simply signing a new will on the person's behalf.

That process can be complex, and GOV.UK says legal advice can be obtained from a solicitor or from organisations that provide free advice, such as Citizens Advice.

Do not confuse a will with a lasting power of attorney

A will controls what happens to a person's estate after death. A property and financial affairs lasting power of attorney operates during the person's lifetime and can authorise an attorney to deal with bank accounts, bills, property, pensions and investments.

GOV.UK says an LPA must be made by the donor. You cannot simply create a new LPA for someone after they have lost the capacity to make one.

Do you need a solicitor for probate?

Not necessarily. GOV.UK says an executor can apply for probate online or by post. The Probate Service currently charges £526 where the estate value is over £5,000; there is no application fee where the estate is £5,000 or less.

DIY probate can therefore save professional fees, but it also leaves the executor responsible for valuing the estate, dealing with tax questions, collecting assets, paying debts and distributing the estate correctly. A mistake can be expensive or difficult to unwind.

Situations where professional help is more valuable

The person making the will has dementia or another concern about capacity.
There is a blended family, dependants or a likely challenge.
The estate includes a business, overseas property or complicated ownership.
There are significant gifts, trusts or tax issues.
The executor is struggling to identify assets, liabilities or beneficiaries.
There is a dispute between family members.

A solicitor does not remove every risk, but specialist advice can help document capacity, interpret ownership and reduce avoidable mistakes.

Can you pay a solicitor for only part of the work?

Ask. You do not necessarily need an all-or-nothing package. A solicitor may be able to offer a limited piece of work, such as reviewing a draft will, explaining a clause, advising on capacity, or checking a probate application. The price depends on the firm and the complexity, so ask for a clear scope and fee before instructing them.

Questions to ask before paying

What exactly will you do?
Will you review a draft or prepare the document from scratch?
Is the fee fixed, hourly or conditional on the work needed?
What happens if the estate becomes more complicated?
What information and documents do you need before you can advise?

For a simple estate, DIY can be perfectly workable. Where capacity, family conflict or unusual assets are involved, the cost of a targeted professional review can be small compared with the consequences of getting the legal structure wrong.

Illustrative DIY versus professional probate cost

Worked example

Illustrative probate choice: suppose an estate is worth £350,000 and the executor is deciding whether to handle a straightforward application personally or pay a solicitor for an illustrative fixed-fee probate service of £1,500.

Current probate application fee: the GOV.UK fee for an estate over £5,000 is £526.
Illustrative DIY court cost: £526.
Illustrative professional route: £1,500 + £526 = £2,026, before any other estate expenses.
Illustrative difference: £2,026 − £526 = £1,500.

The £1,500 solicitor fee is invented for illustration; it is not a quoted market rate. The real comparison is between the professional fee and the value of having someone deal with the complexity, tax paperwork and legal risk in your particular estate alone.

Do I need a solicitor to make a will?#

No, not for every will. GOV.UK says professional advice is especially useful when a will involves shared property, dependants, complex family relationships, overseas assets or a business. A straightforward estate may be simpler, but the will must still meet the legal formalities.

Can someone with dementia still make a will?#

Potentially, yes. Dementia does not automatically remove testamentary capacity. The relevant issue is whether the person can understand the nature and effect of the will at the time, and GOV.UK says a solicitor will usually be able to advise on capacity.

What if my parent no longer has capacity to make a will?#

You cannot simply sign a new will for them. GOV.UK explains that a statutory-will application can be made to the Court of Protection when a person lacks the required capacity, and legal advice is often sensible for that process.

Do I need a solicitor to apply for probate?#

Not necessarily. GOV.UK says executors can apply for probate themselves online or by post. A professional can still be useful when the estate has tax issues, trusts, overseas assets, complicated property ownership, disputes or other facts that make a DIY application risky.

How much is probate now in the UK?#

For England and Wales, the current GOV.UK probate application fee is £526 when the estate is valued at more than £5,000. There is no application fee when the estate is £5,000 or less, although other estate costs can still apply.

Can I pay a solicitor just to review my will?#

Ask for a limited-scope service. A solicitor may be willing to review a draft, explain a clause or advise on a capacity question without taking on the entire estate or will-writing process, although availability and fees vary between firms. Ask exactly what the review covers and whether the solicitor will confirm that the finished document is legally effective.

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Sources

Figures were checked against these sources before publication. If a rule changes, we update the page and show the new date.

General information, not personal financial advice. Rules depend on your circumstances; check the official source or speak to a regulated adviser before acting.