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Thank you for looking at our probate services. Coping with the death of a person can bring a mixture of emotions and the legal side of dealing with a person’s death can often be overwhelming and confusing. Having compassionate, experienced legal advice can make this difficult situation much easier on you and your loved ones.
Whether the deceased person left a Will or whether there is substantial wealth and property involved, the sense of burden can increase. Where a Will is in existence the Executors will need to apply for the grant of probate which will give them the legal right to administer the estate. Where there is no Will in existence, the Will is invalid, or it does not specify Executor, an Administrator will 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 grief and high emotion, and that most people do not know the processes and legal requirements involved.
We will tell you how long probate should take and will keep you and any beneficiaries advised throughout.
You will have the confidence that you are our priority, with our aim being that any member of the team is available to speak with you when you need some clarity and certainty at any stage in the process. We feel this provides reassurance and gives you an outlet for any concerns that you may have. Fees are generally paid out of the estate, so there may not be a need for you to fund the administration.
Pricing
The fees involved in a probate matter can vary and this will depend on the individual circumstances involved.
We offer both a Fixed Fee; enabling you to budget at an early stage, or an Hourly Charging rate; wherein you will be charged for each hour of work undertaken, ensuring that you are do not pay unnecessarily.
Range of Costs
Our fees legal fees will range between £1,500.00 to £9,000.00 plus VAT and disbursements. The fees will vary and are dependent upon individual circumstances. (see below).
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. This is simply because more work shall need to be undertaken on the matter in order to deal with these. Please be assured that, unlike many other Probate practitioners, we do not charge an uplift based on the value of the estate, regardless as to whether or not we are appointed as Executors.
Typically our costs would range as follows:
Matter | Fee | VAT | Total |
|---|---|---|---|
| Excepted estate (ie. no Inheritance Tax Return required or tax to be paid) | |||
Probate application for an excepted estate (Stage 1) | £1,500 | £300 | £1,800 |
Probate admin and distribution post Grant for an excepted estate (Stage 2) | £1,000 | £200 | £1,200 |
| Long-form Estates and taxable estate (ie. tax return required) | |||
Probate application for a long form/taxable estates (Stage 1) | £2,500 - £7,500 | £500 - £1,500 | £3,000 - £9,000 |
Probate admin and distribution post Grant for an excepted estate (Stage 2) | £2,500 - £7,500 | £500 - £1,500 | £3,000 - £9,000 |
| Home Visit (within a short distance from the office) | £50 | £10 | £60 |
| Plus Travelling for home visit @ 40 pence per mile plus VAT | |||
| ID Check | £7.60 (p.p) | £7.60 | |
| Archiving Fee | £5 | £1 | £6 |
The above assumes the below:
- There is a valid Will or the deceased died Intestate (ie without a Will)
- All beneficiaries have capacity under the Mental Health Act and are not minors
- There are no disputes between beneficiaries on the division of assets. If disputes arise this will lead to an increase of costs
- There are no trusts in the Will
- There are no missing beneficiaries
- There are no claims made against the estate
Should any of the above apply, then our fees shall be re-estimated accordingly.
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 | VAT | Subtotal |
|---|---|---|---|
Probate Fee & Office Copies | £160.00 | £160.00 | |
Land Registry Search fee (per property) | £3.00 | £3.00 | |
Bankruptcy Search fee (per beneficiary) | £2.00 | £2.00 | |
Post in the Local Newspaper & Post in the London Gazette (approx.) | £220.00 | £44.00 | £266.00 |
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 estates tax liability. We shall advise of the appropriate allowances to claim, to include those that may be available from a deceased spouse, downsizing and lifetime gifts that have been made.
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 here.
Additional Costs
The cost of selling or transferring a property is not included in this price and shall be dealt with, and estimated separately, as and when the Estate is in a position to sell/transfer the property(ies).
Exclusions
Our fees are estimates and include items detailed above, however there may be factors that would typically increase 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.
Additional services that will require the assistance of a third party at additional cost include:
- Tax advice
- Valuations for property, savings, investments or other assets
- Deed of Variation
- Setting up of a Trust if required under the Will
Time Scales
On average, probate for the typical estate will take between 3 – 12 months. Generally, the time taken to obtain the Grant of Probate will take between 3 - 6 months, followed by the collection of assets and distribution of the assets which can take between 4 -12 months. The range takes into account handling everything from straightforward estate through to more complex estates.
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
- Producing Estate accounts
- Final distribution