WILL AND PROBATE MATTERS (CONTESTED)

We can help you through this difficult process by obtaining the Grant of Probate on your behalf. We will also undertake the collecting and distributing of assets.

How much does this service cost?

Our fees for a simple Estate where there is a single property, bank accounts and straight forward Will our services are 1% of the value of the Estate plus VAT, with minimum fee of £500 plus VAT.

Example total: 1% fee of estate valued at £90,000 = £900 (plus VAT).

This includes: obtaining the grant, collecting assets and distributing them. The fixed fee is on the basis that there are no complex investments, stocks and shares, life assurances, trusts, charities and Inheritance Tax.

Breakdown of costs:

Legal fees £900

VAT on legal fees £180

Disbursements (£423.60 in total)*:

  • Probate court fee of £157.00
  • Bankruptcy-only Land Charges Department searches (£2 per beneficiary).
  • £84.60 Post in The London Gazette – Protects against unexpected claims from unknown creditors.
  • £180.00 Post in a Local Newspaper – This also helps to protect against unexpected claims. This fee is a general estimate and would be dependent on the number of words in the advertisement.

Disbursements are costs related to your matter that are payable to third parties, such as court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.

*The total set out for the disbursements is on the basis that there is only one executor, one beneficiary and that advertisements are placed in The London Gazette and one Local Newspaper. The total will vary in relation to the specific requirements of the Estate.

As part of our fee, we will:

  • Provide you with a dedicated and experienced probate solicitor to work on your matter
  • Identify the legally appointed executors or administrators and beneficiaries
  • Accurately identify the type of Probate application you will require
  • Obtain the relevant documents required to make the application
  • Complete the Probate Application and the relevant HMRC forms
  • Draft a legal oath for you to swear
  • Make the application to the Probate Court on your behalf
  • Obtain the Probate and securely send two copies to you
  • Collect and distribute all assets in the estate

On average, estates that fall within this range are dealt with within 6 – 9 months. Typically, obtaining the grant of probate takes 6 – 8 weeks. Collecting assets then follows, which can take between 6 – 8 weeks. Once this has been done, we can distribute the assets, which normally takes 6 – 8 weeks.

Complex Estates

For a more complex estate, which can include investments, inheritance tax etc. in addition to the percentage fee we charge on an hourly basis. Our hourly rates for a Solicitor dealing with the estate are £200.00 and a Legal Assistant’s rates are £110.00 Generally, the work is carried out by a Legal Assistant and supervised by a Solicitor. A complicated Probate could cost in the region of £3000 upwards. In addition to this VAT and disbursements will be payable.

This includes: obtaining the grant, collecting assets, dealing with the inheritance tax and distributing them.

It is difficult to anticipate how long this will take as the number of hours spent on a complex estate will be dependent on the particular circumstances applying to it. However, it could take between 15 and 50 hours work.

The exact cost will depend on the individual circumstances of the matter. For example, if there is one beneficiary and no property, costs will be at the lower end of the range. If there are multiple beneficiaries, a property and multiple bank accounts, investments and trusts, costs will be at the higher end.

How long will this take?

On average, complex estates can take between 9 months and 2 years.

WILL AND PROBATE MATTERS (UNCONTESTED)

Our Fees

We offer both hourly rate changing rate or fixed fee for probate matters.

We offer a fixed fee where we are only instructed to obtain the Grant of Probate or Letters of Administration (collectively known as a Grant of Representation). In this case we do not  deal with the administration of the estate themselves.

Otherwise, we offer an hourly rate charging rate, whereby you will be only be charged for the time spent on the matter.

Grant of Representation only

Item Amount VAT Total
Fixed Fee for grant of representation only, where the IHT205 is required (the short form of the IHT Return) From £1,500 £300 £1,800
Legal Fees for Grant of Representation only, where the IHT 400 is required (the long form of the IHT Return) From £2,000 £400 £2,400

The above fees are for applications where the Personal Representatives are providing the necessary details of the assets in the estate.

Dealing with the entire estate

We can help you through this difficult process by obtaining the Grant of Representation on your behalf and then continue to administer the estate on your behalf. As part of our retainer we will:

  • Provide you with a dedicated and experienced Probate solicitor to work on your matter
  • Identify the legally appointed executors, administrators and beneficiaries
  • Obtain the necessary valuations of the assets and liabilities in the estate
  • Accurately identify the type of Probate application you will require
  • Provide and complete the relevant Probate and HMRC forms required to make the application
  • Make the application to the Probate Registry on your behalf
  • Obtain the Grant of Representation
  • Collect in all assets in the estate and settle the liabilities
  • Finalise the deceased’s income tax affairs for the tax year to the date of death
  • Distribute the estate in accordance with the terms of the Will
  • Prepare a detailed account of the estate for the Executors and Residuary Beneficiaries

The range of fees will depend on issues such as the number of beneficiaries and whether the estate includes any property. Probate fees will also typically increase, depending on whether there are multiple bank accounts, shares and based on the number and value of any property.

We will handle the full process for you and give the following range of costs based on estimated time required.

Legal Fees for Estate administration      
Estate example Fee Range VAT Total inc. VAT
Estate value of up to £50,000 without a property and up to 4 accounts (based on 7 – 10 hours of time) £1,800 to £2,600 £360 to £520 £2,160 to £3,120
Estate Value between £50,000 to £100,000 without a property and up to 6 accounts (based on 9 to 16 hours of time) £2,600 to £4,200 £520 to £840 £3,120 to £5,040
Estate Value £100,000 to £325,000 to include a property and up to 12 investments (based on 16 to 30 hours of time) £4,200 to £7,800 £840 to £1,560 £5,040 to £9,360
Estate value £325,000 to £650,000 to include a property and up to 16 investments (based on 20 to 38 hours of time) £5,200 to £9,900 £1,040 to £1,980 £6,240 to £11,880
Estate value £650,000 to £2,000,000 to include a property and up to 30 investments (based on 28 to 120 hours of time) £7,300 to £32,000 £1,460 to £6,400 £8,760 to £38,400
Estate value over £2,000,000 costs by agreement.

Note: Values stated refer to the gross value of the estate

Our hourly rates

A         Solicitors/legal executive with over 8 years’ experience – £282.00

B         Solicitors/legal executives with over 4 years’ experience- £232.00

C         Solicitors/legal executives /fee earners of equivalent experience- £185.00 to £210.00

D         Trainee solicitors, paralegals and other fee earners- £129.00

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as Land Registry fees or court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.

Anticipated Disbursements

Item Amount
Probate Fee £155
Office Copies for the Grant of Probate, per copy (1 per asset usually) £1.50
Land Registry Search fee £3
Post in the Local Newspaper varies
Post in the London Gazette varies

Additional Costs

The cost of selling or transferring a property is not included in the above prices. If you require this service, please let us know and a quote can be provided by our conveyancing team.

There may be additional disbursements if we have to deal with tracing a lost Will, tracing lost assets or replacing lost share certificates.

In some circumstances it may be necessary to pay a premium for an indemnity insurance policy, for example if beneficiaries can’t be traced.

If the estate is subject to IHT then it is likely that there will be additional disbursements for the cost of obtaining valuations for property, possessions and shareholdings.

Exclusions

Our fees usually fall within the ranges shown however there may be factors which would typically increase time spent and the cost of the fees involved. Where there is likely to be any additional cost, we will make sure you are informed of this at the earliest opportunity and a clear estimate of those extra costs will be provided.

In addition to the fees detailed above, an additional fee may be charged if the Estate involves any of the following:

  • Sorting through numerous old papers
  • Missing title deeds or share certificates
  • Beneficiaries having to be traced e.g. because their contact details are not known
  • There are trusts in which the deceased had an interest which need to be considered
  • Agricultural or business property
  • Private company shares
  • Foreign assets
  • Specialist assets e.g. private collections
  • The estate is subject to Inheritance Tax or there are complex tax issues
  • Threatened, anticipated or actual litigation or disputes between beneficiaries
  • The renunciation of an executor
  • A Will where the terms are unclear
  • Tax advice
  • Deeds of variation or disclaimer
  • Other unusual or complex situations

Time Scales

On average, dealing with a typical estate will take between 3 – 12 months. Generally, the time taken to obtain the Grant of Probate will take up to 3 months, followed by the collection of assets and distribution of the assets which can take a further 1 -9 months. Some complex estates involving IHT considerations can take up to 2 years to settle. The range takes into account handling everything from straightforward estate through to more complex estates.

Inheritance Tax

There are various factors that will affect any Inheritance Tax due on an estate, including the size of the estate and any measures that were put in place by the deceased to limit the estate’s tax liability.

We do not believe that it would be sensible to attempt to provide at this stage an estimate of any tax that may be payable. We would advise you to 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

Key Milestones

With every transaction there are key milestones, which may vary according to individual circumstances. They may be as follows:

  • Applying for Grant of Probate
  • Obtaining Grant of Probate
  • Settling Liabilities
  • Collecting funds ready for distribution
  • Distributing funds in accordance with the terms of the Will
  • Producing Estate accounts

 

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