Probate Services – Information for clients


Introduction

As part of our professional rules, we aim to ensure that anyone wishing to use our services has the information they need to make an informed choice of legal services provider, including understanding what the costs may be.

Estate Administration: Applying for the grant, collecting and distributing the assets

 What the service includes

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 and liaise with all relevant organisations
  • Complete the Probate Application and the relevant HMRC forms
  • Draft a Statement of Truth for you to sign
  • Make the application to the Probate Registry on your behalf
  • Obtain Grant of Probate and office copies
  • Deal with closure of accounts, collect in estate funds and pay any liabilities
  • Prepare a final estate account and distribute the estate to the beneficiaries

 

Anticipated charges and expenses

As we have stated earlier, it is difficult to be precise about the anticipated costs as the exact cost will depend on the individual circumstances of the matter. Therefore, we have set out below the estimated costs of a typical, straightforward transaction. For this example we have assumed:

  • There is a valid will
  • An estate in which there are no more than three bank accounts;
  • No more than one property in the sole name of the deceased;
  • No debts;
  • No likelihood of the estate being insolvent;
  • No significant lifetime gifts;
  • No shareholdings;
  • No trusts to be established;
  • No dispute between the beneficiaries on the division of the assets;
  • No Inheritance Tax payable and the Executors do not need to submit a full IHT return to HMRC;
  • No requirement to use the transferable nil rate band or residence nil rate band;
  • No other intangible assets;
  • No claims made against the estate;
  • No agricultural or business element to the estate;
  • No foreign element to the estate.

Administration of estates work is normally charged on a time spent basis. Our current hourly rates are:

 

Description                                                                                    Hourly rate

(excl. VAT)               

 VATHourly rate

(incl. VAT)               

Directors and Consultants£220.00£44.00£264.00
Assistant Solicitors and Legal Executives£160.00£32.00£192.00
Trainee Solicitors & Legal Assistants£100£20.00£120.00

VAT is currently 20%

Administration of estates work is normally charged on a time spent basis. We have set out a worked example below to provide some indications of the likely costs of our services. Every matter is different and our aim will be to tailor the costs estimate to the individual demands of your transaction.

 

Estimated time required16hours
Hourly rate£220.00per hour (Director-Solicitor)
Our fees£3520.00excl. VAT
VAT at 20%:£704.00
Total£4224.00+ disbursements (see below)

 

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 in addition to the above fees include:

 

DescriptionTypical costs
Probate application fee£273.00
Office copies of the Grant of Probate£1.50 per copy
Bankruptcy-only Land Charges Department searches£2.00 per beneficiary
Section 27 Trustee Act notice fee (this protects the Trustees against creditors)£300.00 – £400.00
Land Registry fees depending on the value of the property and whether it has been registered before. Please note that higher-value unregistered property can cost up to £680 and properties over £1M even more£30.00 – £400.00
Land Registry search fees£3.00 plus £0.60 VAT
Copy Death Certificate and any other Certificates required£11.00 per Certificate

 

Factors that would increase the costs of your matter 

  • Not having all of the paperwork available or having incorrect information that needs investigation and correction;
  • Third parties not responding to our communications promptly;
  • Dealing with unusual, foreign or complex assets or items.

 

Potential additional costs

 If there is no will or the estate consists of any share holdings (stocks and bonds) or assets with more than three different organisations, there are likely to be additional costs that could range significantly depending on the estate and how the assets are to be dealt with. Dealing with the sale or transfer of any property in the estate is not included in the above costs.

Where the assets in an estate are likely to be of a high value or the estate is more complex then we may add a ‘value uplift’ based on no more than 1% of the liquid assets in the estate plus VAT and 0.5% of the value of the property in the estate plus VAT.

We can give you a more accurate quote once we have more information.

 

How long will this take?

It is difficult to estimate with any precision how long a Probate matter will take as it will be influenced by many factors, some of which are outside of our control. However, on average, estates that fall within this range are dealt with within 6-9 months.

  

Application for Grant of Probate only

 

What the service includes

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 Statement of Truth for you to sign
  • Make the application to the Probate Registry on your behalf
  • Obtain the Grant of Probate and securely send copies to you

 

Anticipated charges and expenses

We can help our clients through this difficult process by obtaining the Grant of Probate on their behalf. Our typical costs below assume that we are instructed to seek Grant of Probate only, that no full Inheritance Tax Return requires to be completed and submitted to HMRC, and all financial information is supplied by the Executor.

 

Fixed fee:£500.00excl. VAT
VAT at 20%:£100.00
Total£600.00+ disbursements (see below)

 

Our typical costs for an application for Probate where a full Inheritance Tax Return is required to be submitted to HMRC is as set out below.

 

Fixed fee:£800.00 – £1,000.00excl. VAT
VAT at 20%:£160.00 – £200.00
Total£960.00 – £1,200.00+ disbursements (as above)

 

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 in addition to the above fees include:

 

DescriptionTypical costs
Probate application fee£273.00
Office copies of the Grant of Probate£1.50 per copy

 

Please note the above indicative figures are for obtaining a Grant of Probate only and do not include the administration of the estate.

 

How long will this take?

It is difficult to estimate with any precision how long such a matter will take but, on average, such applications are dealt with and finalised within 8-16 weeks.

 

Our Probate Team

Gemma Brooke

Director, Associate Solicitor and Head of Probate Department

Gemma qualified as a solicitor in 2009 after studying at Teesside University and The College of Law in York.  Gemma is head of the private client department and specialises in Wills and Probate matters.

Other team members

Gemma is supported by a team of trainee solicitors, paralegals and secretarial staff within this department.