(First published 6th December 2018, updated 31st October 2024)
Thank you for looking at our probate services.
Whether the deceased person left a Will, and regardless of whether there is substantial wealth and property involved, the sense of responsibility is great and can sometimes be a burden. 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 appoint an 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 give you a clear time frame of how long the administration 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.
We are proud to hold Lexcel and WIQS Accreditations issued by the Law Society, which are testament to our commitment to the highest level of client care.
Pricing
The fees involved in the administration of an Estate can vary and will depend on the individual circumstances involved.
We offer fixed fees where possible, the basis of which is the average time spent on a task across all hourly rates.
Otherwise, we offer an hourly charging rate, whereby you will be charged for each hour of work undertaken and a quote will be given at the outset for the estimated hours involved. The experience and qualifications of anyone carrying out the work and their supervisors can be found here.
Our Services
We can offer a Grant only service, whereby you provide us with all relevant information relating to the Estate and we can assist with completion of any necessary Inheritance Tax account and preparation for the Legal Statement, or relevant application form, in support of the application for the Grant. Upon the issue of the Grant, we would then provide this to you in order for you to deal with the remainder of the administration of the Estate.
Alternatively, we can provide a full administration service. In addition to gathering all relevant information relating to the Estate, we will assist with the application for the Grant and once issued, deal with the remaining aspects in connection with the Estate.
Further details are provided below.
Our Fees
We hope the following information will give you an indication of the fees you can expect.
Grant only applications (with a Will (Grant of Probate) or on intestacy (Grant of Letters of Administration):
- Where there is no Inheritance Tax to pay – from £1,500 plus VAT and disbursements**
Work included in this fixed fee:
- taking instructions and providing initial advice;
- drafting of the application papers to lead to the appropriate Grant of representation on the basis of the information provided to us;
- providing these to the Executors or Administrators for approval and thereafter the signing of the final papers;
- applying for the Grant of Representation; and
- upon receipt of the Grant providing these to the Executor/s or Administrator/s.
Work not included in this fixed fee:
- the preparation of any additional affidavits (or similar) required by the Probate Registry, such as (but not limited to) an Affidavit of Due Execution and/or Plight and Condition;
- the preparation of any deeds of renunciation;
- corresponding with financial and other relevant institutions to ascertain the gross and net values of the deceased’s Estate;
- obtaining copy documentation from the Registry of Births, Deaths and Marriages;
- advice in respect of the additional Residence Nil Rate Band or any transferable bands;
- dealing with the administration of the deceased’s Estate, including, but not limited to:
- cashing in/selling/transferring or otherwise dealing with the deceased’s assets and/or settling the Estates’ liabilities;
- preparation and maintenance of Estate Accounts;
- paying legacies (if any);
- accounting to beneficiaries for what has been left to them;
- advice or assistance with any Trusts created by the Will or arising on intestacy or it’s registration;
- advice to beneficiaries in any respect, including the availability of Deeds of Variation;
- the preparation of any Deeds of Variation and any associated work; and
- time spent pursuing, defending or seeking to resolve any contested claim brought by or against the Estate, the Executors/Administrators or the beneficiaries.
- Where there is Inheritance Tax to pay, or a requirement for a full Inheritance Tax account to be submitted – starting from ***£2,500 plus VAT and disbursements**
Work included in this fixed fee:
- taking instructions and providing initial advice;
- completion of form IHT400 and all relevant schedules and once approved filing with HMRC and advising you of any Inheritance Tax liability;
- drafting of the application papers to lead to the appropriate Grant of Representation on the basis of the information provided to us;
- providing these to the Executors or Administrators for approval and thereafter the signing of the final papers;
- applying for the Grant of Representation; and
- upon receipt of the Grant, providing these to the Executor/s or Administrator/s.
Work not included in this fixed fee:
- the preparation of any additional affidavits (or similar) required by the Probate Registry, such as (but not limited to) an Affidavit of Due Execution and/or Plight and Condition;
- the preparation of any deeds of renunciation;
- corresponding with financial and other relevant institutions to ascertain the gross and net values of the deceased’s Estate;
- obtaining copy documentation from the Registry of Births, Deaths and Marriages;
- dealing with the administration of the deceased’s Estate, including but not limited to:-
- cashing in/selling/transferring or otherwise dealing with the deceased’s assets and/or settling the Estates’ liabilities;
- preparation and maintenance of Estate Accounts;
- paying legacies (if any);
- accounting to beneficiaries for what has been left to them;
- advice or assistance with any Trusts created by the Will or arising on intestacy or it’s registration;
- advice to beneficiaries in any respect, including the availability of Deeds of Variation;
- the preparation of any Deeds of Variation and any associated work; and
- time spent pursuing, defending or seeking to resolve any contested claim brought by or against the Estate, the Executors/Administrators or the beneficiaries.
*** The fees have been stated as “starting from” since detailed advice may be required in order to complete the IHT400 and/or the relevant schedules. For example (but not limited to) detailed advice in respect of domicile, the additional Residence Nil Rate Band and Business Property and/or Agricultural Property Relief.
Full Administration Service
Our charges are calculated on the basis of the time we spend on the matter, which will reflect the complexity of the matter.
Where we are instructed to administer a non-taxable, simple Estate (without any complicating factors), we would expect our total fees to be between £3,500 and £8,000 plus VAT and disbursements**.
On average, with the exception of Deeds of Variation, in all other respects, our fees are from £5,000 plus VAT and disbursements. We are committed to Price Transparency and will discuss the likely fees and disbursements applicable to your matter with you at the outset.
We are very happy to provide you with a fee estimate on request. Please contact us for further information.
You can view our Wills, Trusts and Probate team member profiles on our website here.
** Disbursements
Disbursements are costs that may be incurred, payable to third parties, such as Land Registry and Court fees.
Anticipated Disbursements
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.
If you would like to calculate the Inheritance Tax which may be due, HMRC calculators can be found at: https://www.gov.uk/guidance/hmrc-tools-and-calculators#inheritance-tax-and-bereavement
Exclusions
Where our fees are fixed, they include the work scheduled above. However there may be factors that 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.
Please note that additional services that require the assistance of a third party will be at additional cost. These include valuations for property, savings, investments or other assets.
Timescales
Generally, the time taken to obtain the Grant will take between 6 - 9 months, followed by the collection of assets and distribution of the assets which can take between 4 -12 months. Complex Estates can take upwards of 12 months to complete, but this does not apply to the typical Estate.
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 Representation;
- obtaining Grant of Representation;
- settling liabilities;
- collecting funds ready for distribution;
- distributing funds;
- producing Estate Accounts.