Thank you for looking at our probate services. Grieving the loss of a loved one is difficult enough without dealing with the necessary legal formalities which can often be overwhelming and confusing. Having compassionate, experienced legal advice can make this difficult situation much easier on you and your loved ones.
Where a Will is in existence the Executors may, depending on the circumstances, need to apply for a grant of probate which will allow them to administer the estate. Where there is no Will in existence, the Will is invalid, or it does not name Executor, an Administrator may need to be appointed.
Why Us
We have an experienced team who can assist you with every aspect of the probate process, reducing the administrative burden and advising sensitively on key decisions which need to be made when managing an estate. We are aware that administering an estate comes at a time of profound grief and high emotion and many people are not aware of the processes and legal requirements.
We will give you a clear time frame of how long probate should take in your specific case and will keep you the Executor or Administrator informed.
Our fees are generally paid out of the estate so there is usually no need for you to fund the costs of the administration.
We are proud to hold the Lexcel accreditation, issued by the Law Society. This involves the firm undergoing a rigorous audit process which ensures we maintain high levels of client care.
Pricing
For the most straightforward cases we are able to offer two fixed fee services:
Fixed Fee – Grant of Representation only (Probate if there is a Will or Letters of Administration if there is no Will)
From £1,650 plus VAT of £330 (£1,980) if no inheritance tax is payable and a full IHT account is not required.
From £2,150 plus VAT of £430 (£2,580) if inheritance tax is payable or a full IHT account is required.
You as the Executor/Administrator would need to liaise with the financial institutions to obtain the information required for the probate application. We would then use this to prepare the tax forms and documents required. Once the grant is obtained our retainer would end (unless a property needs to be sold to settle the inheritance tax liablity) and you would then deal with collecting the estate assets, settling the debts and distributing the estate.
For this fee we will undertake all of the work necessary to obtain the grant of representation i.e.
- Provide you with a dedicated and experienced Probate solicitor to work on your matter
- Accurately identify the type of Probate application you will require
- Complete the Probate Application and relevant HMRC Forms
- Liaise with HMRC in respect of any inheritance tax due
- Make the application to the Probate Court on your behalf
These costs do not include dealing with the sale or transfer of any probate property. We can provide you with a separate quote for that work if required.
Fixed Fee – Full Administration
From £4,500 plus VAT of £900 (£5400) if no inheritance tax is payable and a full IHT account is not required.
From £5,000 plus VAT of £1,000 (£6000) if inheritance tax is payable or a full IHT account is required.
For this fee we will undertake all of the work necessary to administer the estate i.e.
- Provide you with a dedicated and experienced Probate solicitor to work on your matter
- Accurately identify the type of Probate application you will require
- Contact all the relevant financial institutions on your behalf to obtain the date of death information required for probate
- Obtain the relevant documents required to make the application
- Complete the Probate Application and relevant HMRC Forms
- Liaise with HMRC in respect of any inheritance tax due
- Make the application to the Probate Registry on your behalf
- Obtain the Probate
- Collect all assets in the estate once probate has been granted
- Settle the estate debts
- Prepare estate accounts setting out all estate monies received and paid out
- Carrying our bankruptcy searches on the beneficiaries if required
- Distribute the estate in accordance with the Will or the intestacy rules
The fixed fee does not include dealing with the sale or transfer of any probate property. We can provide you with a separate quote for that work if required.
Exceptions
Our fees are fixed and include the items detailed above, however there may be factors which would typically increase the amount of work required and this would be reflected in the additional costs quoted. Where there are likely to be additional costs we will make sure you are informed of these at the earliest opportunity and a clear estimate of those extra costs will be provided.
If any of the following factors apply in your case then it is likely that there will be costs in addition to the fixed fee:
- There is no valid Will and the beneficiaries are unknown
- There is a Will which is defective in some way
- There is more than one property
- There are business assets or other complex assets
- There is a dispute regarding the estate
- There are missing beneficiaries
- A Deed of Variation is required
Additional services that will require the assistance of a third party at an additional cost include:
- Tax advice
- Valuations of property
Disbursements
Disbursements are costs related to your matter that are payable to third parties, such as HM Land Registry fees or court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.
- Probate Application Fee – £160.00 approximately
- Land Registry fee – £3 per document
- Will Search – (where there is no Will or there may be a newer Will) £100 approx.
- Statutory Notices – (to protect against any unexpected claims) £200 approx.
Inheritance Tax
There are various factors that will affect whether Inheritance Tax is due on an estate. We do not believe that it would be sensible to attempt to provide an estimate of any tax that may be payable here as each case is different and turns on its own facts.
For a rough guide you can look on the HMRC Website to calculate Inheritance Tax which may be due, the calculators can be found at: https://www.gov.uk/guidance/hmrc-tools-and-calculators#inheritance-tax-and-bereavement
Time Scales
The administration of a straightforward estate can take between 6 – 12 months. Generally, the time taken to obtain the Grant of Representation will, in the most straightforward cases, be between 3 – 6 months of instruction. The collection of assets and distribution of the estate can take another 3-6 months.
Key Milestones
With every transaction there are key milestones which may vary according to the individual circumstances of the deceased. These may be as follows:
- Applying for Grant of Probate
- Obtaining Grant of Probate
- Payment of Inheritance Tax
- Settling Liabilities
- Collecting funds ready for distribution
- Distributing funds
- Producing Estate accounts