Applying for probate in Northern Ireland can be straightforward if you know what you're doing. However, even small mistakes can delay your application by months and cost the estate thousands of pounds. As an executor, you have a legal duty to administer the estate correctly, and errors can leave you personally liable.
Before diving into common mistakes, it's worth confirming whether probate is actually required in your situation. Our guide on when you need probate in Northern Ireland explains the £20,000 threshold and the key exemptions in detail.
This guide identifies the most common probate mistakes made by executors in Northern Ireland and shows you exactly how to avoid them. Whether you're applying yourself or considering using a solicitor, understanding these pitfalls will save you significant time, money, and stress.
Mistake #1: Undervaluing or Overvaluing Assets
Cost: £1,000-£5,000 in penalties or delays
One of the most serious mistakes executors make is providing inaccurate asset valuations. The Probate Office requires you to value all assets at their market value on the date of death. Getting this wrong can trigger investigations, penalties, and significant delays.
Common Valuation Errors:
- • Using outdated property valuations instead of current market values
- • Forgetting to include jointly-owned assets
- • Overlooking premium bonds, ISAs, or forgotten bank accounts
- • Failing to value personal possessions (jewellery, vehicles, collectibles)
- • Not deducting outstanding debts and funeral expenses correctly
How to Avoid This Mistake:
Obtain professional valuations for property and significant assets. Use online valuation tools as a starting point, but verify with estate agents or qualified valuers. Keep detailed records of how you arrived at each valuation, including screenshots, letters, and professional reports.
For bank accounts, request valuations as at the date of death. For shares and investments, use closing prices on that specific date. Document everything meticulously—the Probate Office may ask you to justify your figures.
Mistake #2: Applying for Probate Too Early
Cost: Wasted application fees (£310) and 3-6 month delays
Many executors rush to apply for probate before they have all the necessary information. If your application is incomplete or contains errors, the Probate Office will reject it. You'll lose your £310 court fee and have to start again from scratch.
What You Must Have Before Applying:
- ✓ Original will (or confirmation there is no will)
- ✓ Death certificate (original or certified copy)
- ✓ Complete list of all assets with accurate valuations
- ✓ Complete list of all debts and liabilities
- ✓ Valuations dated as at the date of death
- ✓ Details of all beneficiaries
How to Avoid This Mistake:
Take your time to gather everything before submitting your application. It typically takes 4-8 weeks to collect all asset valuations from banks, building societies, and other institutions. Use this time to organise your paperwork systematically. A complete, accurate application submitted after thorough preparation will be processed much faster than a rushed, incomplete one.
Mistake #3: Failing to Initial Every Page of the Will
Cost: Application rejection and 2-4 week delays
In Northern Ireland, executors must initial every page of the will before submitting it to the Probate Office. This simple requirement is frequently overlooked, leading to automatic rejection of the application.
The Correct Process:
Every executor named in the will must place their initials in the bottom right corner of every page of the will. This includes the final page with signatures. Use a pen (not pencil), and ensure initials are clear and legible. If there are multiple executors, all must initial every page.
How to Avoid This Mistake:
Before submitting your application, create a checklist and physically verify that every page of the will has been initialled by all executors. If you're working with co-executors, arrange a meeting to initial the will together. Take photographs of each initialled page for your records before sending the original to the Probate Office.
Mistake #4: Paying Beneficiaries Before Probate is Granted
Cost: Personal liability for estate debts (potentially unlimited)
This is one of the most dangerous mistakes an executor can make. Distributing estate assets before obtaining the Grant of Probate—or before settling all debts—can leave you personally liable for any outstanding creditor claims.
Why This is Dangerous:
If you distribute estate funds to beneficiaries and a creditor later comes forward with a valid claim, you may have to pay that debt from your own pocket. The law protects creditors, not executors who act prematurely.
Even if beneficiaries are pressuring you for their inheritance, you must wait. Your legal duty is to settle debts first, then distribute what remains.
How to Avoid This Mistake:
Follow this sequence strictly: (1) Obtain Grant of Probate, (2) Collect all assets, (3) Pay all debts and funeral expenses, (4) Wait at least six months from the date of grant (to allow creditors to come forward), (5) Only then distribute to beneficiaries.
Keep detailed records of all payments and distributions. Consider taking out executor's insurance if the estate is complex or if there's uncertainty about potential creditors.
Mistake #5: Using the Wrong Probate Forms
Cost: Application rejection and 2-3 week delays
Northern Ireland has its own probate forms that differ from those used in England, Wales, and Scotland. Using the wrong forms—or outdated versions—will result in immediate rejection.
The Correct Forms for Northern Ireland:
- • NIPF7: Application for Grant of Probate (when there is a will)
- • Assets & Liabilities Schedule: Complete breakdown of estate value
- • Executor's Declaration: Sworn statement of accuracy
Do not use PA1P forms (England & Wales) or C1 forms (Scotland). These are not valid in Northern Ireland.
How to Avoid This Mistake:
Download forms directly from the NI Courts Service website or use a professional document preparation service like Probate Direct. Always check you're using the most recent version of each form. If you're unsure, contact the Probate Office before submitting to verify you have the correct paperwork.
Mistake #6: Not Shopping Around for Solicitor Fees
Cost: £2,000-£5,000 in unnecessary fees
Many executors assume they must use a solicitor for probate. While solicitors can be helpful for complex estates, straightforward probate applications can be completed by executors themselves—or with affordable document preparation services.
Cost Comparison:
| Option | Typical Cost |
|---|---|
| Traditional Solicitor | £2,500-£5,000+ |
| DIY (Court Fee Only) | £310 |
| Probate Direct | £395 |
How to Avoid This Mistake:
For straightforward estates (clear will, no disputes, assets under £500,000), consider handling probate yourself or using a document preparation service. You'll save thousands of pounds that can go to beneficiaries instead.
If you do need a solicitor for complex issues, get quotes from at least three firms. Fees can vary dramatically. Ask for a fixed-fee quote rather than hourly billing to avoid surprises.
Quick Reference: Probate Mistakes Summary
| Mistake | Potential Cost | Prevention |
|---|---|---|
| Inaccurate valuations | £1,000-£5,000 | Get professional valuations |
| Applying too early | £310 + 3-6 months | Gather all documents first |
| Not initialling will | 2-4 week delay | Initial every page before submission |
| Early distribution | Unlimited liability | Wait 6 months after grant |
| Wrong forms | 2-3 week delay | Use NI-specific forms (NIPF7) |
| Overpaying solicitors | £2,000-£5,000 | Consider DIY or document prep service |
The Bottom Line
Probate mistakes are common, but they're also preventable. The key is taking your time, being thorough, and seeking help when you need it. Most errors stem from rushing the process or trying to save money in the wrong places.
Remember: as an executor, you have a legal duty to administer the estate correctly. Mistakes can leave you personally liable and damage your relationship with beneficiaries. It's worth investing time upfront to get everything right the first time.
If you're feeling overwhelmed, you don't have to do this alone. Professional document preparation services can guide you through the process, prepare all your forms correctly, and ensure you avoid these costly mistakes—all for a fraction of traditional solicitor fees.
Avoid These Mistakes with Probate Direct
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