Probate

Grant of Probate Application

We can represent you in obtaining a grant of probate, which allows you to ascertain the value of the estate and distribute the estate yourself as Personal Representative. This is usually a fixed fee of £750.00 plus VAT (£900) and disbursements on the basis that it is a simple estate that is not taxable. Our fixed fee for a taxable estate is £1,000.00 plus VAT (£1,200) and disbursements.

In some circumstances a fixed price is not always possible to provide, and particularly where there are complex stages or considerations. This might include where an original copy of a will has been lost. In those circumstances we will be happy to talk to you about the specific work we will need to undertake if we represent you, and the charges for that work. Our fees will be charged at an hourly rate, details of which can be found here.

We can advise you if an estate will be subject to tax. There is also information on the UK Government guide to inheritance tax.

How long does it take?

It depends on a number of factors. Obtaining the Grant of Probate can take up to 16 weeks from the point at which your application is submitted to the Probate Court.

What work would you do on my behalf?

Our expert team will represent you during every step. This includes:

• meeting with you - either through a video call or in person - to discuss your matter and in detail
• advising you about the identify the type of application you need
• preparing and submitting the documents you need, including the application to the Probate Court and any HM Revenue & Customs inheritance tax forms
• monitoring those applications, chasing where required, and handling enquires that may be received back
• supplying the grant of probate to you

Full Administration of Estates

Our expert team can also administer the estate on your behalf.

How long does it take?

The full administration of an estate (including time needed to receive a grant of probate) may be expected to take up to 2 years. However, this depends on a range of factors including how complex the circumstances are.

What work would you do on my behalf?

The services we would help you with will depend on the circumstances, but they can include:

• identifying the legally appointed executors or administrators and beneficiaries
• contacting banks or other holders of financial assets to obtain probate valuations
• accurately identifying the type of Probate application, you will require
• completing the Probate application and the relevant HMRC forms
• making the application to the Probate Registry on your behalf
• selling investments or properties that form part of the estate
• contacting beneficiaries of the estate
• preparing accounts for the estate and taking forward the distribution of the estate's assets

What does it cost for you to administer an estate?

We will need to discuss the specific circumstances of the estate with you. Our experts offer competitive hourly rates, and we will provide you with an estimate for your specific situation.

Our charges are raised on the basis of two elements, as follows:

1. Time incurred at the hourly rate of the individual who will be involved in dealing with the matter.
2. Law Society approved ‘Value Element’ added mark-up.

An added value element (plus VAT at 20%) will be charged, as approved by the Law Society, to reflect the type and value of the assets comprising the estate and the complexity of administering it. The Law Society Value Element (exclusive of VAT) that usually applies, as modified in this instance, are set out below.

Solicitor not an Executor
Gross estate less residence 1%
Residence 0.5%

Solicitor sole Executor or joint Executor with any other person
Gross estate less residence 1.5%
Residence 0.75%

Ordinarily, estate administrations in which no Inheritance Tax is payable incur between 6 and 60 hours of time, with usual charges for time incurred therefore falling between £1000 and £15,000 plus VAT (at the current rate of 20%).

An example at the lower end of the scale would be an extremely straightforward estate, where an individual had died leaving everything to his/her spouse, there were only 2-3 assets to administer, and very simple estate accounts to prepare.

An example at the higher end of the scale may involve an estate in which the deceased retained few records, had numerous personal possessions, assets were unknown and require thorough investigation at the outset of the matter, and/or the estate was required to be varied. There may also be a large number of beneficiaries.

Estate administrations which require a full Inheritance Tax return (and payment) to be made to HMRC will usually require between 20 and 120 hours of time, with charges therefore totalling between £3,500 and £30,000 plus VAT (at the current rate of 20%).

An example at the lower end of this scale would likely involve an estate in which the assets were not numerous, could be ascertained and valued in a straightforward manner, with no corrective accounts being required following payment of the inheritance tax bill. It would also likely involve only one or two beneficiaries.

An example at the higher end of the scale may involve an estate in which the deceased made extensive lifetime gifts, had not settled his/her tax affairs to the date of death, had numerous properties which required maintenance and/or realised capital gains on sale, and involved multiple beneficiaries or a variation to the terms of the Will.

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as court fees. Disbursements which are likely to be incurred on your behalf (in addition to our fees) include:

• Probate Application fee of £300 plus £1.50 per additional sealed office copy
• Bankruptcy Searches £6 plus vat (£7.20) per beneficiary
• Official copies and title plan from HM Land Registry £7 plus vat (£8.40) per document
• Section 27 Notice in the London Gazette and Local Newspaper between £300 - £400