Probate and administration of estates

The majority of the work which we carry out in connection with probate and the administration of estates is done on a ‘time spent’ basis.  This means that you will be charged based on an hourly rate for the amount of time it takes to complete the work.  At the outset of a matter we will give you an estimate of the number of hours that we think it will take to complete the work and will provide you with our up to date hourly charging rates.  You will also be informed which fee earner will have overall responsibility for your matter.  Our current charging rates are detailed below.  These rates are reviewed in April each year.    

 

Category A fee earner (Solicitors and legal executives with over 8 years’ experience)

£260.00 per hour (plus VAT)

Category B fee earner (Solicitors and legal executives with over 4 years’ experience)

£230.00 per hour (plus VAT)

Category C fee earner (Other solicitors, legal executives and fee earners of similar experience)

£220.00 per hour (plus VAT)

In Matters where the Directors of the Firm are the  'Executors of a will' the hourly Charging rate to be applied is £275.00 (plus VAT)

Wills 

Single £195 + vat

Mirror £285 + vat

Life Interest/Trust wills - £400 + vat

Advising Re IPFDA/or preparing side letter re Claims an additional £50 + vat will be applied.

Complex wills - Fees to be discussed with client specifically.

Severance of Joint Tenancy - £100 + vat

Lasting Powers of Attorney

Single £350 + vat (plus registration fees)

Property and Financial and Health together £450 + vat (plus registration fees)

Married Couple / unmarried Partners -  Property and Financial and Health together  £600 + vat (plus registration fees)

Certification of Lasting Powers of Attorney £25 + vat per copy

Powers of Attorney Registration fees applicable as at 1.3.23 - £82 per document (a reduction of registration fees may be applicable) 

 

When it comes to probate work every case is different which means it is extremely difficult to let you know exactly what our fees will be at the very outset of the matter.  

With more straightforward estates, it will be much easier for us to give an accurate estimate of the time required to deal with the matter and our fees are likely to be lower. 

A straightforward estate is likely to be one where:

• There is a valid will
• There is no more than one property
• There are no more than 5 - 6 bank/building society accounts or investments
• There are no other intangible assets
• There are 4 - 5  beneficiaries
• There are no disputes between beneficiaries on division of assets. If disputes arise this is likely to lead to an increase in costs
• There is no inheritance tax payable and the executors do not need to submit a full account to HMRC
• There are no claims made against the estate

 An estate which includes any of the following matters is likely to be more complex and will generally take more time to deal with, which in turn means that our fees will be higher:

• Requirement to submit a full Inheritance Tax account to HMRC
• Estates with large numbers of beneficiaries or with beneficiaries who are difficult to trace
• Estates which require claims to be made for Business Property Relief and/or Agricultural Property Relief
• Where the deceased held assets outside the UK
• There is a problem with the validity of the will or the capacity of the testator when they made the will is in question
• There is a dispute between the executors or the beneficiaries
• The deceased had numerous debts
• Estates where the valuation of estate assets are challenged by HMRC

This is a non-exhaustive list but the more information we have about a person, their assets and their circumstances, then the more accurate we will be able to make our estimate. 

 

Disbursements

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.  Disbursements which are likely to be payable in connection with probate matters are detailed below.  Not all of these payments will be necessary in every case:

 

• Probate application fee of £300.00  Plus £1.50 for each additional sealed copy of the grant required. 
• S.27 Trustee Act Notice in The London Gazette  £83.40 (to advertise for unknown creditors)
• S.27 Trustee Act Notice in the Local Paper  £112.14 (to advertise for unknown creditors and protect against unexpected claims)
• Certainty Will Search £126.00.  These searches can be carried in all cases but are strongly advised especially in the case of an intestacy (where there is no will).  The searches can help to establish whether or not the deceased person had a will and where the most up to date will is held.  There are different levels of search available at varying costs.  The service quoted above includes a search of all registered wills and will also contact local firms to see if they are holding a will for the person that has died.   

 

Fixed costs for ‘Grant only’ applications

In some cases we offer a ‘grant only’ service, whereby we will agree to undertake the work in obtaining a grant of representation on your behalf for a fixed fee, plus the cost of any necessary disbursements.

This is usually in connection with smaller estates where there is a valid will, no Inheritance Tax is payable on the estate and a full Inheritance Tax account does not need to be delivered to HMRC. 

Once we have obtained the grant of probate it will be handed to the proving executors to deal with ongoing administration of the estate, such as closing bank accounts, gathering in the estate assets and distributing the estate.

Typically, our fixed costs for such applications will be between £600.00 - £900.00 (including VAT), plus the cost of disbursements.

To see whether or not this service might be suitable in your circumstances, please contact one of our offices to speak to a member of the team.   

 

 

 

 

 

 

In all cases other than for ‘grant only’ applications, we will do the following:

• 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 grant of representation 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 Registry on your behalf
• Collect and distribute all assets in the estate
• Prepare estate accounts showing the assets and liabilities of the estate and how it is to be distributed

*NB  Our fees do not include the conveyancing work for any properties forming part of the estate.  This work will be charged separately if undertaken by the firm.

 

Inheritance Tax

Without having detailed information about the deceased person and their assets, it is extremely difficult to say whether or not, and if so, how much Inheritance Tax will be payable on their estate. There are a number factors which can affect an Inheritance Tax calculation.

To discuss Inheritance Tax please contact a member of our team or for more general information you may want to visit https://www.gov.uk/inheritance-tax

 

How long will it take?

It is difficult to say exactly how long it will take to deal with an estate, especially if there is a property to sell or if it is a taxable estate and HMRC make enquiries in to the Inheritance Tax account. 

However, for a very straightforward estate it may take less than 3 months.  For larger estates it can easily take 6 – 24 months and even longer to fully administer the estate.  However, in all cases you will be kept regularly updated with progress.